Professor Friedman has a quick note on a petition filed at the Supremes in Racz v. California. The petition ably shows that there is a sharp conflict of authority on the question of whether a statement can be deemed testimonial even though it was not made to governmental authorities. Regular…
The fayobserver.com reports: The top enlisted Special Forces soldier has been removed from his position while commanders investigate allegations that he had an extramarital relationship. In addition to the adultery, the military investigation: The military investigation, Pruitt asserts in the court documents, is focused on determining whether Vigil broke a…
You are aware of Fasler and the numerous trailer cases. Here is a grant from today’s CAAF orders: No. 11-0374/AR. U.S. v. Lelan M. SHANKLES. CCA 20100307. Review granted on the following specified issue: WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL…
Professor Colin Miller has a very interesting post regarding a new article by Cynthia Jones, A Reason to Doubt: The Suppression of Evidence and the Inference of Innocence, 100 J. Crim. L. & Criminology 415 (2010). Most importantly are two potential recommendations for dealing with the issue at trial. First…
United States v. Oliver. This was a legal sufficiency of a desertion conviction. Fascinating discussion of the role of CAAF and the legal standard of review at CAAF under Jackson.
Here is a link to the February AL. urviving the Multiplicity/LIO Family Vortex
Not unexpected but it looks like the former CO, MCAS Cheery Point may be headed to court-martial. See jdnews.com and Eyewitness News 9. The EW9 reports that he pleaded guilty in civilian court yesterday. Apparently there are additional issues, such as flying too soon after drinking.
Like the new format www.armfor.uscourts.gov.
Houston Chronicle reports: An Army witness who says he stumbled onto a fellow soldier killing a U.S. superior at their patrol base in Iraq testified Monday he thought he was running toward nighttime enemy fire as he responded to gunshots — until he heard the shooter shout “I’ll kill you”…
‘Waiving’ Goodbye to Rights: Plea Bargaining and the Defense Dilemma of Competent Representation Jane Campbell Moriarty University of Akron School of Law Hastings Constitutional Law Quarterly, Vol. 38, No. 4, 2011 U of Akron Legal Studies Research Paper No. 11-7 Abstract: The proposed amendments to the ABA Criminal Justice Standards…