In the Press
Tuesday, January 31, 2023Tyre Nichols Case: Does Diversity in Policing Address Police Brutality? ABC News
Monday, January 30, 2023The Latest Crusade to Place Religion Over the Rest of Civil Society — A Commentary by Linda Greenhouse ’78 MSL The New York Times
Monday, January 30, 2023Tyre Nichols Beating Opens a Complex Conversation on Race and Policing The New York Times
Monday, January 30, 2023Ben Crump Applauded ‘Swift Justice’ in Tyre Nichols Killing. Experts Say the Speed Was ‘Unusual.’ USA Today
Thursday, July 26, 2018
Associate Professor Orihuela Cited by Georgia’s Top Court
The Georgia Supreme Court cited the work of Clinical Associate Professor of Law Marisol Orihuela ’08 in a ruling on June 18, 2018, which held that a defendant’s due process rights were violated by automatic detention in his case.
The decision specifically cited Orihuela’s article, “The Unconstitutionality of Mandatory Detention During Competency Restoration,” which was published in the Berkeley Journal of Criminal Law in 2017.
The ruling aligned with what Orihuela prescribed in her article, holding that mental incompetence does not necessarily equate with dangerousness to oneself or to other individuals. The ruling also found that using automatic detention for the purpose of evaluating an individual found mentally incompetent is a violation of due process rights.
In her article, Orihuela outlines how defense attorneys have struggled with ethical obligations to raise competency concerns about a client when doing so can prolong their client’s time in detention. She demonstrates how the assumption that detention is a necessary component of competency restoration is wrong. The article also proposes reforms that would modernize the outdated competency detention system, alleviate the dilemma defense attorneys face, and contribute to the broader discussion on curbing mass incarceration.
At Yale, Orihuela co-teaches the Worker & Immigrant Rights Advocacy Clinic and the Criminal Justice Clinic. Prior to that, she was a Deputy Federal Public Defender at the Office of the Federal Public Defender in Los Angeles. Orihuela has also worked as a Staff Attorney for the American Civil Liberties Union of Southern California and clerked for the Honorable Rosemary Barkett of the 11th U.S. Circuit Court of Appeals and the Honorable Consuelo B. Marshall of the Central District of California.