David Nathanson

Attorney Nathanson has specialized in post-conviction criminal defense since 1997. He has also provided representation in trial-level cases as minor as trespassing and as serious as double-murder. He was a solo practitioner from 1997 until 2001, when he joined the Committee for Public Counsel Services as a staff attorney in the Criminal Appeals Unit of the Private Counsel Division. In 2005, he became the only public defender in the history of the Massachusetts public defender's office to win a case in the United States Supreme Court. The case is Smith v. Massachusetts, 543 U.S. 462 (2005). He left CPCS to form Wood & Nathanson in December, 2007.

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EMPLOYMENT:

Partner, Wood & Nathanson, LLP. Appellate litigation including direct appeals, motions for new trial and complex DNA litigation. Trial litigation. Public records practice. January 2008 – present.

Staff Attorney, Committee for Public Counsel Services, Criminal Appeals Unit, Private Counsel Division, Boston, Massachusetts.     Criminal appellate litigation, trained new appellate attorneys, responded to advice calls from trial and appellate attorneys, authored amicus briefs, prepared training materials, responded to inmate inquiries, undertook some oversight of panel attorneys, limited trial litigation. January 2001 – November 2007.
            
Solo Practitioner, Salem, Massachusetts. Criminal appellate litigation (direct appeals, motions for new trial, petitions for certiorari, petitions for habeas corpus, motions to revise and revoke), pro bono trials (political cases only). February 1997 – December 2000.

Committee for Public Counsel Services, Boston, Massachusetts. Contract attorney, Assignment Administration (answered inmate inquiries, responded to attorney advice calls, located resources for inmates and attorneys). March 1999- December 2000.

American Civil Liberties Union of Massachusetts, Boston, Massachusetts. Volunteer (Sex Offender Registry Class Action). Fall, 1996.

EDUCATION:

Rutgers Law School, Newark, New Jersey
J.D. conferred May, 1996. GPA: 3.62
Honors: Morris Shenker Prize

George Washington University, Washington, DC
B.A. Philosophy, 1993: GPA: 3.37.

MEMBERSHIPS:

Bars: Massachusetts (1996); United States Supreme Court (2000); District of Massachusetts (2000); First Circuit Court of Appeals (2002).

Professional associations: National Lawyers Guild (1995-2007), Massachusetts Association of Criminal Defense Lawyers (1997- ), Committee for Public Counsel Services Post-Conviction Panel (1997 - ), Committee for Public Counsel Services Post-Conviction Murder Panel (2007 - ).

PUBLICATIONS:

Casenote: Kyllo v. United States, 121 S.Ct. 2038 (2001), Mass Dissent (August, 2001)

Casenote: Hiibel v. District Court, 124 S. Ct. 2451 (2004), Mass Dissent (September, 2004)

Article: “Ineffective Assistance of Counsel and the Attorney-Client Privilege: Proceed With Caution”, Massachusetts Continuing Legal Education (November, 2007)

LECTURES:

Post-Conviction Client Relations, Committee for Public Counsel Services, Post-Conviction Panel new lawyer training (multiple dates)

Post-Conviction Sentencing Matters, Committee for Public Counsel Services, Post-Conviction Panel new lawyer training (multiple dates)

Stays of Sentence Pending Appeal, Committee for Public Counsel Services, Post-Conviction Panel new lawyer training (multiple dates)

Stop & Search Street Law Clinic, National Lawyers Guild - Massachusetts Chapter (multiple dates)

Civil Disobedience Street Law Clinic, National Lawyers Guild - Massachusetts Chapter (multiple dates)

Preserving Appellate Rights in the Trial Court, Committee for Public Counsel Services, Zealous Advocacy Training (multiple dates)

The Habeas One-Year Clock, Massachusetts Association of Criminal Defense Lawyers CLE Program, (April 2006).

Petitions for Certiorari and Further Appellate Review, Massachusetts Association of Criminal Defense Lawyers CLE Program (April 2007).

Ineffective Assistance of Counsel and the Attorney-Client Privilege: Proceed With Caution, Massachusetts Continuing Legal Education (November 2007)

Public Records Requests by Criminal Defense Counsel, Massachusetts Association of Criminal Defense Lawyers CLE Program (May 15, 2008).

Custodial Interrogation Under Miranda, Massachusetts Continuing Legal Education (April 18, 2009)

Know Your Audience: Tailoring Your Message, Massachusetts Continuing Legal Education (April 15, 2009)

Social Science Resources for Criminal Defense Counsel, Massachusetts Continuing Legal Education (May 28, 2009)

Sixth Amendment Right to Counsel Update, Massachusetts Association of Criminal Defense Lawyers CLE Program (June 19, 2009)

Litigating Ineffective Assistance Claims, Committee for Public Counsel Services, Annual Training Conference, June 11, 2009

Habeas Corpus Seminar: Litigating Ineffective Assistance with an Eye Towards Habeas, Massachusetts Continuing Legal Education, February 5, 2010

Overview of a Habeas Corpus Case, Habeas Corpus in the Federal Courts, Massachusetts Continuing Legal Education (February 28, 2010)

Appellate 9-1-1: The Procedurally Troubled Appeal, Massachusetts Continuing Legal Education, April 15, 2010

Investigating Exoneration Cases, Committee for Public Counsel Services, Annual Training Conference, May 20, 2010

Habeas Corpus in the Federal Courts, Overview, Massachusetts Continuing Legal Education, February 28, 2011

Jury Skills, Session Leader, Committee for Public Counsel Services, April 8, 2011

Interstate Rendition, Committee for Public Counsel Services, Annual Conference, May 19, 2011

Issue Spotting in DNA Cases, Committee for Public Counsel Services, January 13, 2012

Habeas Corpus in the Federal Courts, Overview, Massachusetts Continuing Legal Education, February 10, 2012

Prosecuting and Defending Homicide Cases, Homicide Caselaw Update, Massachusetts Continuing Legal Education, May 21, 2012

Habeas Corpus Petitions Under 28 USC § 2241, American Immigration Lawyers Association, March 1, 2013

Ethical Response of Trial Counsel to Claims of Ineffective Assistance, Committee for Public Counsel Services, Annual Conference, May 16, 2013

Litigating Motions for New Trial, Faculty Presenter, Committee for Public Counsel Services Innocence Program, June 21-22, 2013

Habeas Corpus in the Federal Courts, Does the Denial of a Gatekeeper Petition by the SJC Bar Federal Review?, Massachusetts Continuing Legal Education, January 29, 2014

Prosecuting and Defending Homicide Cases, Beyond the Model Instructions, Massachusetts Continuing Legal Education, May 9, 2014

Advanced Post-Conviction Litigation, Petitions for Further Appellate Review, Massachusetts Association of Criminal Defense Lawyers, January 16, 2015

The Habeas One Year Clock,  Massachusetts Continuing Legal Education, February 5, 2016

Creative Research Tips,  Massachusetts Association of Criminal Defense Lawyers, March 18, 2016

Post-Conviction Discovery and Funds, Massachusetts Association of Criminal Defense Lawyers, March 24, 2017

HONORS:

Super Lawyers Massachusetts Rising Stars 2005
Super Lawyers Massachusetts Rising Stars 2006
Super Lawyers Massachusetts Rising Stars 2007
Super Lawyers Massachusetts Rising Stars 2008
Super Lawyers Massachusetts Rising Stars 2011
Super Lawyers Massachusetts 2014