Public Interest Litigation

State v. Parham — Professor Winick consulted with the Miami-Dade office of The Public Defender on a capital case, and testified as an expert witness in the case on the defendant’s competency to stand trial.

In Res Amendment to the Rules of Juvenile Procedure, 804 So.2d 1206 (Fla. 2001) (providing comments on proposed rule of juvenile procedure, using principles of therapeutic jurisprudence to argue that juveniles facing civil commitment should receive a right to counsel) (amicus brief submitted on behalf of myself and Judge Ginger Lerner Wren)

In Res Amendment to the Rules of Juvenile Procedure, 842 So.2d 763 (Fla. 2003) (adopting final rule) (amicus brief and oral argument presented on behalf of myself and judges Ginger Lerner Wren, John Parnham, D. Bruce Levy, and Ronald Alvarez, psychologist Edward Sczechowitz, and Professor Kathy Cerminara)

Broward County School Board v. Cruz, 800 So2d 213 (Fla. 4^th DCA 2000) (counsel for Broward County School Board) (reversing based on trial court’s refusal to allow independent neurological evaluation)

Kansas v. Hendricks, 117 S.Ct. 2072 (1997) (upholding constitutionality of Kansas’ Violent Sexual Predator Statute) (amicus brief for American Civil Liberties Union)

Jaffee v. Redmond, 116 S. Ct. 1923 (1996) (Fed. R. Evid. 501 construed to recognize a psychotherapist-patient privilege, applicable to psychiatric social workers) (amicus brief for American Civil Liberties Union and Bazelon Center)

Cuban American Bar Association v. Christopher, Case No. 94-2183-ATKINS (S.D. Fla. Nov. 2, 1994) (temporary restraining order enjoining repatriation of Haitian refugees detained at Guantanamo Naval Base), rev’d, 43 F.3d 1412 (11th Cir. 1995), cert. denied, 116 S.Ct. 299 (1995)

Haitian Refugee Center, Inc. v. Reno, Case No. 93-0080-CIV-MOORE (S.D. Fla. March 10, 1993) (preliminary injunction granting access of attorneys from Haitian Refugee Center, Inc. to the Krome Detention Center)

Godinez v. Moran, 509 U.S. 389 (1993) (rejecting claim that defendant was incompetent to waive counsel) (amicus brief for American Civil Liberties Union)

Riggins v. Nevada, 504 U.S. 127 (1992) (forced administration of antipsychotic medication during trial violated due process) (assisted in preparation of brief for petitioner)

Foucha v. Louisiana, 504 U.S. 71 (1992) (continued hospitalization of defendant acquitted by reason of insanity who was no longer mentally ill but continued to be dangerous violated due process) (consultant to mental health groups in preparation of amicus brief)

Haitian Refugee Center, Inc. v. Baker, 789 F. Supp. 1552 and 1579 (S.D. Fla. 1991) (preliminary injunctions), stay pending appeal granted, 950 F.2d 685 (11th Cir. 1991), rev’d, 949 F.2d 109 (11th Cir. 1991) and 953 F.2d 1498 (11th Cir. 1992), rehearing en banc denied, 954 F.2d 731 (11th Cir. 1992), cert. denied, 502 U.S. 1122 (1992) (class action challenge to administration of Haitian interdiction program; First Amendment right of access to interdictees detained at Guantanamo Naval Base)

McNary v. Haitian Refugee Center, 498 U.S. 479 (1991), aff’g, 872 F.2d 1555 (11th Cir. 1989) (upholding jurisdiction of district court over pre-denial class action challenging procedural fairness of INS processing of applications for temporary residence under the Special Agricultural Workers program)

Commissioner v. Jean, 496 U.S. 154 (1990), aff’g, 863 F.2d 759 (11th Cir. 1988), aff’g in part, vacating and remanding, 646 F. Supp. 1300 (S.D. Fla. 1986) (availability of fees for fees under Equal Access to Justice Act)

United States v. Monsanto, 491 U.S. 600 (1989), rev’g, 857 F.2d 1400 (2d Cir. 1988) (en banc), and Caplin & Drysdale v. United States, 491 U.S. 617 (1989), aff’g, 837 F.2d 637 (4th Cir.1988) (en banc) (upholding applicability and constitutionality of RICO and CCE forfeiture provisions to attorneys’ fees) (Supreme Court amicus brief on behalf of American Civil Liberties Union, National Association of Criminal Defense Lawyers, and National Network for the Right to Counsel; en banc amicus brief in Second Circuit on behalf of New York Civil Liberties Union and National Network for the Right to Counsel)

United States v. Jones, 844 F.2d 215 (8th Cir. 1989) (en banc), vacating and remanding, 837 F.2d 1332 (5th Cir. 1988) (applicability of RICO and CCE forfeiture provisions to attorneys’ fees) (en banc amicus brief on behalf of National Association of Criminal Defense Lawyers and National Network for the Right to Counsel)

United States v. Unit No. 7 & Unit No. 8 (Kiser), 864 F.2d 1421 (8th Cir. 1989), vacating and remanding, 853 F.2d 1445 (8th Cir. 1988) (procedural due process for pretrial restraint of defendant’s allegedly forfeitable property needed to pay a lawyer)

Riese v. St. Mary’s Hosp. & Medical Center, 196 Cal. App. 3d 1388, 243 Cal. Rptr. 241 (Cal. App. 1987), appeal dismissed, 48 Cal.3d 1194, 259 Cal. Rptr. 669, 774 P.2d 698 (1989) (right of civilly committed mental patient to refuse psychotropic medication) (amicus brief in California Supreme Court on behalf of American Civil Liberties Union Foundation of Northern California, Inc.)

United States v. One Lear Jet Aircraft, 836 F.2d 571 (11th Cir. 1988) (en banc), cert. denied, 487 U.S. 1204 (1988), (appellate jurisdiction in in rem forfeiture actions; standard for determining materiality of misrepresentations sufficient to justify forfeiture under 8 U.S.C. § 1182(a)(19)), rev’g, 808 F.2d 765 (11th Cir. 1987)

Velasquez v. Nelson, No. 86-1262-CIV-RYSKAMP (S.D. Fla. 1986) (preliminary injunction cancelling change of venue of hearings for lack of proper notice in class action against Immigration and Naturalization Service on behalf of refugees transferred from the Krome Detention Center in Miami to the Oakdale Detention Center in Louisiana)

Liphete v. Stierheim, 455 So.2d 1348 (Fla. 3d D.C.A. 1984), cert. denied, 474 U.S. 869 (1986) (unsuccessful constitutional challenge to denial of Florida’s Homestead Tax exemption to Cuban-Haitian entrants) (consultant to Haitian Refugee Center, Inc. on petition for certiorari and briefs on certiorari)

Jean v. Nelson, 472 U.S. 846 (1985) (immigration statute and regulations prohibit discrimination based on race or nationally in parole decisionmaking), aff’g in part, vacating in part and remanding, 727 F.2d 957 (11th Cir. 1984) (en banc), dismissing in part, rev’g in part and remanding, 711 F.2d 1455 (11th Cir. 1983), stay pending appeal denied, 683 F.2d 1311 (11th Cir. 1982), aff’g in part and rev’g in part, 544 F. Supp. 973 & 1004 and 532 F. Supp. 881 (S.D. Fla. 1982) (nationwide class action obtaining release from detention of Haitian refugees as a result of violation by Immigration and Naturalization Service of notice and comment rulemaking requirements of Administrative Procedure Act)

Cavanaugh v. Western Md. Ry. Co., 729 F.2d 289 (4th Cir.), cert. denied, 469 U.S. 872 (1984) (availability of counterclaim in FELA action by carrier against employee for property damage based on employee’s negligence) (amicus brief in support of petition for cert. on behalf of United Transportation Union)

United States v. Wayte, 710 F.2d 1385 (9th Cir. 1983), aff’d, 470 U.S. 598 (1985) (government appeal of dismissal of indictment for failure to register for draft on basis of invalidity of Presidential proclamation requiring registration, and selective prosecution) (amicus brief in Ninth Circuit for National Association of Criminal Defense Lawyers)

Rodriguez v. State, 413 So.2d 1303 (Fla. 3d DCA 1982) (unsuccessful challenge to refusal of trial court to permit expert testimony on the infirmities of eyewitness identification testimony)

Louis v. Meissner, 530 F. Supp. 924 (S.D. Fla. 1981) (preliminary injunction obtained against holding of exclusion hearings by INS for class of Haitian refugees, finding that transfer of refugees to remote areas of the U.S. had violated statutory right to counsel at exclusion) and 90 F.R.D. 658 (S.D. Fla. 1981) (procedural rulings)

Pierce v. United States, 652 F.2d 60 (6th Cir.), cert. denied, 454 U.S. 1094 (1981) (unsuccessful appeal of conviction based on religious bias against defense attorney by members of jury, rejecting claim in view of Federal Rule of Evidence banning impeachment by jury of its verdict)

Iron Arrow Honor Soc’y v. Schweiker, 499 F. Supp. 496 (S.D. Fla. 1980) (successfully resisting challenge to U.S. Department of Health and Human Services, order removing all-male honor society from University of Miami campus for sex discrimination in violation of Title IX) (consultant to amicus, Women’s Commission of the University of Miami), aff’d, 652 F.2d 445 (5th Cir. 1981), vacated and remanded, 456 U.S. 512 (1982), reinstated on remand, 702 F.2d 549 (5th Cir. 1983), vacated as moot sub nom. Iron Arrow Honor Soc’y v. Heckler, 464 U.S. 67 (1983)

Garrett v. State, 390 So.2d 95 (Fla. 3d DCA 1980), review denied, 399 So.2d 1146 (Fla. 1981), cert. denied, 454 U.S. 1004 (1981) (successful appeal of first degree murder conviction; defendant denied due process by repeated court-ordered removal of psychotropic drugs needed to maintain his competence to stand trial)

Sannon v. United States, 631 F.2d 1247 (5th Cir. 1980), vacating as moot, 427 F. Supp. 1270 (S.D. Fla. 1977) (Haitian refugees denied statutory and treaty rights to a hearing before immigration judges in exclusion proceedings on their claims of political asylum) (amicus brief for American Civil Liberties Union Foundation of Florida, Inc. and American Immigration Lawyers Association)

Haitian Refugee Center v. Civiletti, 614 F.2d 92 (5th Cir. 1980) (dismissing appeal of preliminary injunction against deportation of a class of Haitian nationals seeking political asylum) (amicus brief for American Civil Liberties Union Foundation of Florida, Inc.)

National Council of Churches v. Egan, No. 79-2959-CIV-WMH (S.D. Fla. 1979) (preliminary injunction requiring restoration of work authorizations to class of Haitian refugees seeking political asylum)

Kahn v. Goldman (Fla. 11th Cir. 1979) (unsuccessful challenge to the sunsetting of the Psychological Practice Act by the Florida Legislature) (amicus presentation for Mental Health Association of Dade County, Inc.)

Debra P. v. Turlington, 474 F. Supp. 244 (M.D. Fla. 1979), aff’d in part, vacated in part and remanded, 644 F.2d 397 (5th Cir. 1981) (successful class action challenge to Florida Functional Literacy Test as a high school diploma requirement; equal protection violated by carrying forth the effects of prior racial discrimination; due process violated by inadequate notice afforded students) (consultant to Legal Services of Greater Miami)

Department of Health & Rehabilitative Services v. Alice P., 367 So.2d 1045 (Fla. 1st DCA 1979) (unsuccessful challenge to cut-off of Medicaid reimbursement for abortion)

Fitzpatrick v. Ward, No. Civ.-77-100 (W.D.N.Y.), certificate of probable cause denied, No. 79-8315 (2d Cir. 1979), cert. denied, 444 U.S. 1089 (1980) (unsuccessful habeas corpus challenge to inevitable discovery exception to fruit of poisonous tree rule)

Plante v. Gonzalez, 575 F.2d 1119 (5th Cir. 1978), cert. denied, 439 U.S. 1129 (1979) (unsuccessful right of privacy attack on Florida’s financial disclosure statute for public officials) (amicus brief for American Civil Liberties Union Foundation of Florida, Inc.)

In re Florida Rules of Criminal Procedure, Rule 3.710, 362 So.2d 655 (Fla. 1978) (successfully resisting proposal to eliminate presentence investigation reports in capital cases) (amicus brief for American Civil Liberties Union Foundation of Florida, Inc.)

In re Florida Board of Bar Examiners (Eimers), 358 So.2d 7 (Fla. 1978) (establishing right of homosexual bar applicant to bar admission; homosexual status in itself held to bear no reasonable relationship to fitness to practice law)

Rubin v. Metropolitan Dade County Board of Commissioners, No. 77-9668 (Fla. 11th Cir. 1977) (successful defense of constitutionality of Dade County ordinance prohibiting discrimination based on sexual preference) (amicus brief and presentation for American Civil Liberties Union Foundation of Florida, Inc.)

Gilbert v. State, No. 49,705 (Fla. 1977) (unsuccessful right of privacy attack on Florida’s statute making use of marijuana in home a crime) (amicus brief for American Civil Liberties Union Foundation of Florida, Inc.)

State v. Antin, No. 75-56985 (Fla. 11th Cir. 1975) (representation of mentally ill shoplifter)

Fitzpatrick v. New York, 46 App. Div.2d 739, 362 N.Y.S.2d 438 (4th Dep’t 1974), cert. denied, 423 U.S. 849 (1975) (unsuccessful due process attack on sentence where judge prepared written sentencing decision prior to sentencing hearing)

People v. Fitzpatrick, 32 N.Y.2d 499, 300 N.E.2d 139, 346 N.Y.S.2d 793, cert. denied, 414 U.S. 1033 & 1050 (1973) (declaring N.Y. death penalty statute unconstitutional)

Foley v. Hershey, 409 F.2d 827 (7th Cir. 1969) (successful challenge to Selective Service rule denying graduate students I-S end-of-school-year deferment; permitting preinduction judicial review of draft board action)

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