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The Supreme Judicial Court yesterday decided Commonwealth v. Sharma, holding that our client, an individual sentenced while a juvenile for second-degree murder and other crimes, is entitled to a hearing to consider the constitutionality of his sentence, and if necessary, to re-sentencing. The Court also concluded that our client is immediately parole eligible based on an earlier SJC decision. Emma Quinn-Judge and David Russcol represented the defendant.

Attorney Naomi R. Shatz, working with the Mississippi Center for Justice, has settled Professor Garrett Felber’s First Amendment claims against his former employer, the University of Mississippi. Dr. Felber was on the tenure track in the History Department at the University, where he studied twentieth-century African American social movements, Black Radicalism, and the carceral state. As was widely reported in the press, in December 2020 the University terminated Dr. Felber’s contract after he tweeted his opinion that the University had failed to appropriately address instances of racism at the school. Attorney Shatz had this to say about Dr. Felber’s termination: “We are concerned by recent instances of universities across the country ignoring and violating their faculty members’ rights to free speech and academic freedom. Professors like Dr. Felber have a Constitutional right to speak out about injustices they see in their institutions. The University’s decision has deprived it not only of an excellent professor, but of a valued member of its community.” Read the full press release here.

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Picture of Naomi R. ShatzOn June 11, 2021, Naomi Shatz submitted testimony to the Department of Education Office for Civil Rights about the Title IX regulations that went into effect last summer. Naomi discussed her experience handling cases under the new regulations, and identified areas where the regulations can be improved. You can read the full testimony here.
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Inga Bernstein has filed a petition for certiorari to the Supreme Court seeking review of the career offender provision of the United States Sentencing Guideline in a case which, if decided in her client’s favor, would have wide-sweeping ramifications for the thousands of people sentenced as career offenders each year and for the deference due to the Sentencing Commission’s Guideline commentary more generally.

Inga Bernstein won the compassionate release of a client who faced three more years in jail, based on the COVID-19 conditions at the federal prison at which he was housed and the meritorious appellate claims Inga is pursuing on his behalf.

Zalkind Duncan & Bernstein LLP is proud to announce that David Russcol has joined the firm’s partnership effective January 1, 2021. David will continue his litigation practice in Title IX matters, appellate advocacy, employment and other civil actions, and criminal defense. For more information about David’s background and experience, you may find his biography here.

IngaThis year, Attorney Inga Bernstein is being recognized by Super Lawyers as one of the Top 50 Women Lawyers (link to the full list) and one of the Top 100 Lawyers (link to the full list) in Massachusetts. Inga has received recognitions from Super Lawyers since 2004. Click here (link to bio) to read more about her practice.

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