John Wesley Hall, Jr.

    John Wesley Hall, Jr. is a criminal defense lawyer who practices in Little Rock, Arkansas. His criminal practice includes trials, appeals, and post-conviction litigation. As NACDL's ethics advisor, he has been consulted by at least 850 criminal lawyers seeking confidential counsel on ethics issues in the U.S., Military Courts, Canada, and International Tribunals. A student of the law of legal ethics in criminal defense practice and prosecutorial misconduct for over 20 years, he has argued twice in the U.S. Supreme Court, authored numerous amicus briefs in the Supreme Court for NACDL and others, and he has appeared in four federal circuit courts.

    Licensed to practice law for nearly 32 years, he has handled over 250 jury trials and over 200 appeals, having made at least 80 oral arguments, two in the U.S. Supreme Court. He concentrates on cases involving search and seizure issues, particularly drug offenses and computer crime. He also handles street crime, white collar crime, and homicide, war crimes, and death penalty cases. Professional Responsibility of the Criminal Lawyer was first published in 1987 and the second edition was published in 1996.

    He received his law degree from the University of Arkansas at Fayetteville in 1973. Before beginning his criminal defense practice, Mr. Hall was a deputy prosecuting attorney in Little Rock, and he was head of the office's Career Criminal Division at the time he entered private practice in 1979. He also is licensed to practice in New York, Nevada, Tennessee, and the District of Columbia, seven federal district courts, as well as seven of the thirteen federal appellate circuits, and the International Criminal Court.

    He also handles a limited number of civil constitutional cases. He is currently involved in the defense of a Sierra Leone government official accused of war crimes in putting down that country's civil war on trial before the Special Court of Sierra Leone, an international war crimes tribunal. That trial keeps him in West Africa on third months.

    He is a Life Member and served 12 years on the Board of Directors of the 12,500 member (with 85 affiliate organizations) National Association of Criminal Defense Lawyers (NACDL), has been the Chair of NACDL's Ethics Advisory Commitee since 1990, was elected NACDL Secretary for 2003-04, Treasurer for 2004-05, and Second Vice-President for 2005-06. He received the NACDL's prestigious Robert C. Heeney Memorial Award in 2002, NACDL's highest honor for service to the criminal defense bar and NACDL.

    He is also on the Board of Directors of International Criminal Defence Attorneys Association and one of the principal drafters of the International Criminal Bar's Code of Conduct.

    He is peer review listed in The Best Lawyers in America, and A-V rated by Martindale-Hubbell.

    He is also a Fellow of the American Board of Criminal Lawyers, and a Past President of the Arkansas Association of Criminal Defense Lawyers receiving its Champion of Justice Award in 2003 and Humanitarian Award in 2005.

    He is regular CLE speaker on lawyers' ethics for criminal defense lawyers, having done at least 100 CLEs in about 35 states, Québec, and The Hague. He has also appeared as an expert witness on the question of legal ethics of criminal defense lawyers, criminal defense malpractice, ineffective assistance of counsel, and prosecutorial misconduct from both sides. He has been an occasional Adjunct Professor of Law at the University of Arkansas at Little Rock School of Law and a lecturer at UALR's Graduate School of Criminal Justice.

    He is also the author of Search and Seizure (3d ed. 2000) published by Lexis Law Publishing and supplemented daily by the author at www.FourthAmendment.com and Trial Handbook for Arkansas Lawyers (2004-05 ed.) (5th edition).

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Most recent SCOTUS cases:
2007-08 Term:
  Virginia v. Moore (06-1082)
  Arizona v. Gant (07-542)
 
Herring v. United States (07-513)
  Pearson v. Callahan (07-751)
2006-07 Term:
  Brendlin v. California, 127 S. Ct. 2400, 168 L. Ed. 2d 132 (June 18, 2007)
  Los Angeles County v. Rettele, 127 S. Ct. 1989, 167 L. Ed. 2d 974 (May 21, 2007)
  Scott v. Harris, 127 S. Ct. 1769, 167 L. Ed. 2d 686 (April 30, 2007) (video)
  Wallace v. Kato, 127 S. Ct. 1091, 166 L. Ed. 2d 973 (February 21, 2007)
  

2005-06 Term:
  Samson v. California, 126 S.Ct. 2193, 165 L. Ed. 2d 250 (June 19, 2006)
  Hudson v. Michigan, 126 S.Ct. 2159, 165 L. Ed. 2d 56 (June 15, 2006)
  Brigham City v. Stuart, 126 S.Ct. 1943, 164 L.Ed.2d 650 (May 22, 2006)
  Georgia v. Randolph, 126 S.Ct. 1515, 164 L.Ed.2d 208 (March 22, 2006)
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  S.Ct. Monitor: Law.com
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  General:
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  Findlaw.com
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  Westlaw.com $
  F.R.Crim.P. 41
  www.fd.org

  DOJ Computer Search Manual
  USSS computer search website

  Talkleft
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  Criminal Appeal (post-conviction) (9th Cir.)
  How Appealing Blog

"Affidavits [for search warrants] are like sex. Even when they're bad, they're good."
—John Wesley Hall, Jr., Ark. Democrat-Gazette, Aug. 26, 2001

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
—Benjamin Franklin, Historical Review of Pennsylvania (1759)

“A patriot must be ready to defend his country against his government.”
—Edward Abbey

“Experience should teach us to be most on guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”
United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)

"Freedom is just another word for nothing left to lose."
—Kris Kristopherson, "Me and Bobby McGee" (sung by Janis Joplin)

“Liberty—the freedom from unwarranted intrusion by government—is as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark.”
United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)

"You can't always get what you want / But if you try sometimes / You just might find / You get what you need."
—Mick Jagger & Kieth Richards

"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for me–and by that time there was nobody left to speak up."
Martin Niemöller (1945) [he served seven years in a concentration camp]

“You know, most men would get discouraged by now. Fortunately for you, I am not most men!”
Pepé LePew

"There is never enough time, unless you are serving it."
Malcolm Forbes

"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime."
Johnson v. United States, 333 US 10, 13-14 (1948)

"The course of true law pertaining to searches and seizures, as enunciated here, has not--to put it mildly--run smooth."
--Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).