SCOTUSBlog reports their “petition of the day,” which is a criminal evidence case with potential relevance to military justice practitioners – Childers v. Florida, if granted. Issue two is: 2. Should the Court resolve a conflict in the Circuits and clarify whether its Confrontation Clause precedents, Olden v. Kentucky, 488…
Giannelli on Junk Science and the Willingham Execution Paul C. Giannelli (Case Western Reserve University – School of Law) has posted The Execution of Cameron Todd Willingham: Junk Science, an Innocent Man, and the Politics of Death on SSRN. Here is the abstract: Cameron Todd Willingham was tried and executed…
There is some reason to believe that the result in United States v. Fosler may only benefit him. Fosler objected at trial. It is believed that all of the Fosler trailers are either guilty plea cases or not guilty plea cases where the accused did not object at trial. There’s…
El Paso Times has a short piece on one of their native sons. When El Paso’s Lance Cpl. Miguel Terrazas was killed during an ambush in Haditha, Iraq, in 2005, a search for the perpetrators left 24 Iraqis dead. Investigators are still trying to find out the truth of what…
The Press Enterprise reports: A military hearing over whether three Hawaii-based Marines should go to trial for alleged hazing of a squad member who later killed himself in Afghanistan concluded Friday and a commander will now make a final determination. Looks like some interesting litigation. Naval Criminal Investigative Service agents…
The Augusta Chronicle has a piece on a whatever happened to – – – Willie Joe King. Thcourt-martial of Willie Joe King for the murder of fellow Army Pvt. Joseph Poye often brought more questions than answers.. . . [i]n March 1964, King was taken back to Fort Gordon for…
Prof. Colin Miller takes up the current status of Crawford with this intriguing title: Post-Bryant Case Law Confirms Scalia’s Fears. His premise quite simply is that we are back to Ohio v. Roberts and measuring “reliability” using different phraseology. In my view, a test that hinges upon the hidden and…
Does anyone know why the public can’t access ACCA or the TJAGSA websites? I know when I try to access (using Chrome, Firefox, or IE) you get a site certificate error and can’t get past it. I have clients, their families, and others asking the same question?
I understand the conclusions of the court in New v. United States, 2011 U.S. App. LEXIS 18157 (8th Cir. August 31, 2011). Defendant in his § 2255 failed to show that defense counsel was ineffective for not arguing that he had a reasonable expectation of privacy in a hospital room.…
SignOnSanDiego reports an interesting civilian case, but sufficiently relevant for this weekend. (The judge has dismissed NCIS and AFIP as defendents.) The sample of U.S. Marine Sgt. Todd Sommer’s liver and kidney was full of arsenic, more arsenic than had ever been found in a human tissue sample before —…