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…
Court-Martial Trial Practice Blog
CAAF has decided Oliver
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.
Army Lawyer online
Here is a link to the February AL. urviving the Multiplicity/LIO Family Vortex
Up periscope 151
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.
Updated CAAF website
Like the new format www.armfor.uscourts.gov.
Up periscope 150
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”…
Worth the read, about ethics, sorry no CLE credit
‘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…
LTC Lakin welcome home poster
Our SANE reporter at Obama Conspiracy Theories has this, which is a potential welcome home poster for LTC Lakin on 14 May.
Worth the read on SBS
Deborah Tuerkheimer, Science-Dependent Prosecution and the Problem of Epistemic Contingency: A Study of Shaken Baby Syndrome, 62 ALABAMA L. REV. 513 (2011). With rare exception, SBS prosecutions rest entirely on the testimony of medical experts. The construction of crime in this manner is rather extraordinary, particularly since— as a general…
The Burleson trail
On 21 October 2008 the NMCCA decided and affirmed in United States v. Burleson, 2008 CCA LEXIS 386. In the original case he was sentenced to: The appellant was sentenced to 20 years confinement, total forfeitures, reduction to pay grade E-1, and a dishonorable discharge. The convening authority approved the…