Thanks to Volokh Conspiracy here is an important case relevant to “searches” of computers. We hold that the act of Doe’s decryption and production of the contents of the hard drives would sufficiently implicate the Fifth Amendment privilege. We reach this holding by concluding that (1) Doe’s decryption and production…
From time to time I’ve referred to federal jury instructions to help craft a “novel” members instruction. Sometimes you have to refer to federal instructions for other reasons. For example, I just completed a litigated “wire fraud” case, 18 U. S. Code Sec. 1343, where we needed to figure out…
Here is an interesting case from the DC Court of Appeals – Pettus v. United States – about the admissibility of handwriting testimony, and a link to a blog item. H/T Crime&ConsequencesBlog
The NMCCA has issued a published opinion in United States v. Walker. This case began its appellate life with a death penalty sentence. In 2008, this court issued an opinion, United States v. Walker, 66 M.J. 721 (N.M.Ct.Crim.App. 2008), in which we affirmed one of the findings of guilty to…
NMCCA dismisses a conviction for consensual homosexual sodomy in United States v. Stratton. It’s unpublished but worth the read. Appellant was accused of forcible sodomy, but was convicted of consensual sodomy. That means Lawrence and Marcum had to be discussed. Read this case for the following: A discussion and reiteration…
There appears to be a split shaping up between the circuits over the use of a surrogate to introduce autopsy reports. Thanks to federalevidence.com here are the basics. [Are] autopsy reports are admissible under the Confrontation Clause. The First Circuit has held that autopsy reports may be admitted without the…
Oooops, I meant H.M. the Queen v. Delisle. The Winnipeg Free Press reports on a cross-border military justice case. It begins, Putting an accused navy spy on trial represents a potential legal and intelligence nightmare for the . . . government, one where it will have to resist the temptation…
Registration for the Virginia CLE 42nd Criminal Law Seminar, is now online. You can attend live on 3 or 10 February. Note, VA will begin requiring a number of hours be live. They are cutting back on getting the full 12 online. The USCAAF Judicial Conference is scheduled for 7…
The NMCCA continues to pump out the Fosler cases with affirmances. But today there’s an interesting opinion in a urinalysis case. United States v. Alicea It’s unpublished. It’s about the use of documents and testimony from an expert about a urine sample tested by the Navy drug lab. NMCCA found…
Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has this interesting post, "Why Can’t Jurors Distinguish “Knowing” From “Reckless” Misconduct?” Recently, The National Law Journal carried a story about an important…