Air Force Times reports: More than half of the airmen tested for spice have had positive results, according to the Armed Forces Medical Examiner System. Military tests for the synthetic form of cannabis began in March, the same month the Drug Enforcement Administration issued a one-year ban on five chemicals…
On 8 November 2011, the U. S. Supreme Court will hear oral argument in a case with application to military prosecutions. Here is the SCOTUSBlog information for Smith v. Cain, No. 10-8145. Issue: 1) Whether there is a reasonable probability that the outcome of Smith’s trial would have been different…
Stars & Stripes reports on United States v. Gray and other death penalty cases. In December 2008, former Army Pvt. Ronald Gray was on the brink of becoming the first military execution in almost 50 years. . . . But the week before Gray was to receive a lethal injection,…
Sig Christenson at Military Reporters & Editors directs us to his piece at San Antonio Express News (of CAAF fame) about United States v. Hasan. I recall the time in another high-profile case where the post, on the East Coast, demanded that journalists sign a ground rules agreement prior to…
Several cases have been decided by CAAF. United States v. Baker. Erdmann wrote for himself and Effron and Stucky, with Baker writing in dissent for himself and Ryan. This was action on a government appeal under Article 62, UCMJ. The ACCA reversed an identification suppression made by the military judge.…
United States v. Gaddis was decided by CAAF. Here are two pithy comments on the decision, one by DMLHS, and one by Professor Colin Miller. Basically the opinion deals with the question of a complaining witness’s privacy. Many TC and some judges apply the balancing test focused on prejudice to…
The Judge Advocate will be published on a quarterly basis in February, May, August, and November. The deadline for submissions for the November issue is October 15, 2011. Please consider writing a short or long piece on a topic of interest to the military legal community. Submissions may be sent…
‘West Memphis Three’ case shows we see what we expect to see Jennifer L. Mnookin, Special to the Los Angeles Times
Navy Times reports a very odd situation of a Coast Guard cutter XO being fired. Army Times reports that Rentfrom was sentenced to [corrected, thanks to ML] Life but with eligibility for parole. He will have to serve at least 10 years however, absent clemency action. See 6.16.6.3.3, DODI 1325.7.
CAAF has added a useful tool for research on current issues. Here is a link to the 11 October oral argument in Schumacher. This is the first oral argument for the season. You will note that there is a link to the briefs. Note, these are the final briefs at…