Post-Conviction Remedy in Criminal Cases
Mental Disabilities and the Criminal Justice System
Release Date: 10/01/2024
Youthful Offenders and Mental Health: Insights from Judge Jay Blitzman
Mental Disabilities and the Criminal Justice System
In this episode, Elizabeth Kelley talks with her guest, Judge Jay Blitzman. The two discuss the intersection of youthful offenders and mental health issues in the criminal justice system, the shift away from using the term "juvenile", and the ongoing challenges in achieving due process for youthful offenders. In this episode, they discuss: The relevance of including a chapter on youthful offenders in a book about representing people with mental disabilities, and why understanding brain development is crucial for criminal defense lawyers. The shift away from using the term...
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Substance Use Disorder: Legal Implications and Treatment Options
Mental Disabilities and the Criminal Justice System
In this episode, Elizabeth Kelley talks with her guest, Dr. Carol Weiss. The two discuss the terminology of substance use disorders, the co-occurrence with mental health issues, and the effects on decision-making within the criminal justice system. In this episode, they discuss: The distinction between substance use disorder and substance abuse disorder, and the implications of stigmatizing terms. The high co-occurrence rate of substance use disorder with other mental health disorders, and theories explaining this correlation. Effective treatment modalities for substance use...
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Post-Conviction Remedy in Criminal Cases
Mental Disabilities and the Criminal Justice System
In this episode, Elizabeth Kelley talks with her guest, Zach Segal. The two discuss post-conviction remedies, specifically 2254 and 2255 motions and motions for Compassionate Release, as well as the challenges people with mental disabilities face in filing these motions. In this episode, they discuss: What is a post-conviction remedy When a 2254 or 2255 motion might be filed What challenges people with mental disabilities face in filing these motions In what circumstances a 2254 or 2255 provides relief for ineffective assistance of counsel claims How the Supreme Court’s...
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Neuroimaging in Criminal Cases
Mental Disabilities and the Criminal Justice System
This week Elizabeth Kelley talks with her guest, Stephen Cobb. The two discuss the relevance and power of neuroimaging in the courtroom, as well as what the process entails and produces. In this episode, they discuss: What is neuroimaging and why criminal defense lawyers should pursue it An explanation of SPECT and FMRI Intriguing examples showing the significance and power of neuroimaging from Mr. Cobb's experiences How Mr. Cobb became interested in brain imaging An overview of the neuroimaging process and the outcomes it generates Stephen G. Cobb, BCS is a highly...
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Working with the Forensic Mental Health Expert
Mental Disabilities and the Criminal Justice System
This week, Elizabeth Kelley talks with her guest, Dr. Elliot Atkins. Dr. Atkins is the author of the chapter entitled “Working with the Expert: From the Perspective of Experts” in the upcoming 2nd edition of Elizabeth’s book, Representing People with Mental Disabilities published by the American Bar Association. In this episode, Dr. Atkins and Elizabeth discuss: How can attorneys most effectively use mental health experts How a forensic mental health expert can properly communicate and create the best scenario for attorney-client relations What Dr. Atkins...
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Mastering Mental Health Evaluations: Insider Tips for Attorneys with Criminal Defense Lawyer Marcia G. Shein
Mental Disabilities and the Criminal Justice System
In this episode, Elizabeth Kelley interviews Criminal Defense Lawyer Marcia G. Shein. The two discuss essential components of good mental health evaluations, how an attorney can be particularly sensitive to red flags, and practical aspects for newer attorneys in cases such as these. Attorney Shein is the author of the chapter entitled “Mitigation” in the upcoming 2nd edition of Elizabeth’s book, Representing People with Mental Disabilities published by the American Bar Association. In this episode: What red flags Attorney Shein looks for to see if a forensic evaluation is...
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Criminal Responsibility: Mental Health Defenses and Forensic Evaluations with Professor Lucy Guarnera
Mental Disabilities and the Criminal Justice System
This week Elizabeth Kelley talks with her guest, Professor Lucy Guarnera. The two discuss when a criminal defense lawyer should consider criminal responsibility as a defense, resources for finding mental health experts, and critical components of a thorough forensic evaluation. In this episode, we discuss: When a criminal defense lawyer should consider criminal responsibility as a defense What “mental illness” refers to in the courtroom, and what falls under its umbrella What happens when mental illness and substance abuse occurs together, and what obstacles it poses...
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The Importance of Competency in the Criminal Justice System with Dr. Eric Drogin
Mental Disabilities and the Criminal Justice System
This week Elizabeth Kelley talks with her guest, Dr. Eric Drogin, the author of the first chapter in the second edition of her book, ‘Representing People with Mental Disabilities: A Practical Guide for Criminal Defense Lawyers.’ The two discuss clarification on the subject of competency and its importance, what to look for in the right mental health expert for your case, and at what point this work becomes the entree to a number of different medically and/or psychologically informed issues. In this episode, we discuss: What competency is, and why it’s so important...
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Unlocking Justice: Navigating the Criminal System for Individuals on the Autism Spectrum with Professor Larry Dubin
Mental Disabilities and the Criminal Justice System
This week Elizabeth Kelley talks with her guest, Professor Larry Dubin. The two discuss the work of helping people on the spectrum navigate “their new world” in the criminal justice system, the boilerplate knowledge that judges and prosecutors need to have in order to competently and humanely handle these cases, and the prevalence of people on the spectrum in our society. He tells us, “The numbers are showing there’s a lot of people on the spectrum, and they don’t need to be mistreated. It’s not fair, it’s not American to have them mistreated as they are currently through the...
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A Father’s Journey: When Your Child Has Bipolar Disorder
Mental Disabilities and the Criminal Justice System
This week Elizabeth Kelley talks with her guest, Senator Creigh Deeds. The two discuss the many initiatives he’s championed to relieve some of the flaws in the mental health space and the story that inspired him to take action. In this episode, we discuss: What he has done to reform the services delivered to people suffering from serious mental illnesses How his son inspired this journey for Sr. Deeds, and shifted his focus to make change in the mental health space What challenges his team has found along the way, and how they have worked to overcome them What is being...
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In this episode, Elizabeth Kelley talks with her guest, Zach Segal. The two discuss post-conviction remedies, specifically 2254 and 2255 motions and motions for Compassionate Release, as well as the challenges people with mental disabilities face in filing these motions.
In this episode, they discuss:
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What is a post-conviction remedy
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When a 2254 or 2255 motion might be filed
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What challenges people with mental disabilities face in filing these motions
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In what circumstances a 2254 or 2255 provides relief for ineffective assistance of counsel claims
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How the Supreme Court’s decision in Dusky may apply to 2254 or 2255 motions
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What is federal compassionate release
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Is failure of the Bureau of Prisons to provide adequate medical treatment grounds for filing a motion for compassionate release
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What is the US Sentencing Commission
Zachary Segal, is a graduate of Touro Law Center, where he was a member of the Touro Law Review, publishing two articles discussing the Sixth Amendment's Right to Effective Assistance of Counsel for non-citizens and the disparate treatment of cryptocurrencies. He also interned with the Federal Defenders of New York in the Eastern District, Brooklyn Defender Services, the Honorable Joseph F. Bianco (then-United States District Judge for the Eastern District of New York, now Circuit Judge, Second Circuit), and the Honorable Associate Justice Robert J. Miller (Appellate Division, Second Judicial Department).
Born in Montreal, Zach attended the University of Ottawa where he double-majored in political science in history. After graduating, he worked at the Aleph Institute, a nationally recognized prisoner’s right organization, where he advocated for the religious rights of inmates. Zach speaks French and is conversational in Spanish and Hebrew.
Since working at L&K, Zach has been involved in all stages of a criminal case, ranging from preliminary investigations through post-conviction relief. He has argued motions before federal and state courts, as well as appeals before the state appellate courts. Of particular note, in his 5 years practicing, Zach’s advocacy has resulted in post-conviction reductions in sentence for 11 people, of approximately 65 years and one life sentence.