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National Crime Victim Law Institute

NCVLI Files Amicus Brief on Important Standard of Review Issue in the United States Supreme Court

August 11, 2011

With amazing support from Keith Franz of Azrael, Franz, Schwab & Lipowitz, LLC, NCVLI participated as amicus curiae in In re Fisher, a case involving victims of financial crimes who were denied restitution, which is on petition for certiorari to the United States Supreme Court. NCVLI urged the Court to accept the case because it involves a critical issue impacting all federal victims regarding how to secure appellate review of lower courts’ decisions.  There is currently a split among the Circuit Courts, with approximately half holding that victims of crime receive ordinary appellate review and the other half holding that victims need to meet a heightened standard, requiring a “clear and indisputable” error.  This split is resulting in disparate justice for victims depending upon where they are victimized.  In urging the Court to accept the case, NCVLI outlined how the history of victims’ rights underscores the importance of fully enforceable victims’ rights, and discussed how consistent interpretation of the law is an important issue that should be resolved by the Court.

Read NCVLI’s brief here.  All paying NAVRA members also have access to all of NCVLI’s amicus briefs in a searchable database.  To become a paying member of NAVRA go to www.navra.org.