Honolulu Star Advertiser reports: A former Navy diver who worked with SEAL commandos at Pearl Harbor has been charged with murdering his 14-month-old son, nearly a year and a half after the boy died from severe brain injury caused by “abusive head trauma,” officials said. Matthew McVeigh, 26, was charged…
Court-Martial Trial Practice Blog
Coast Guard’s San Diego Bay court-martial
SignOn San Diego has a piece about todays proceedings. Until now, the story surrounding the December 2009 death of 8-year-old Anthony DeWeese has largely focused on whether the Coast Guard pilot who crashed a 33-foot patrol vessel into the DeWeese family boatwas hot-dogging that night during the San Diego Bay…
Up periscope
SignOn San Diego reports: As a young Coast Guard crewman goes on trial today for a child’s death, no officers from the Coast Guard’s San Diego sector have been formally faulted for a patrol boatoperation described as being in disarray before the 2009 crash. And the 33-foot patrol boat model…
CAAF decides Clark
United States v. Clark. 5-0 written by Judge (soon to be CJ) Baker. We granted review of the following issues: I. WHETHER IT WAS PLAIN ERROR FOR TRIAL COUNSEL TO ELICIT TESTIMONY THAT APPELLANT DID NOT RESPOND VERBALLY WHEN ARRESTED, AND THEN RELY ON THIS TESTIMONY DURING CLOSING ARGUMENT. II.…
Bryant, and Bullcoming fallout?
Professor Friedman blogs today that: This morning, the Supreme Court GVRed — granted, vacated, and remanded — the case of Allshouse v. Pennsylvania, No. 09-1396, for reconsideration in light of last week’s decision in Michigan v. Bryant.Allshouse involves statements by a four-year-old to a child protection agency worker investigating allegations…
Collateral consequences–immigration
and parole. The ACCA has released a decision in United States v. Hellgenberger. Finally, while not directly related to the issue of deportation, the military judge found that counsel provided appellant inaccurate advice about the possibility of parole. Captain N was unaware that as a non-citizen, appellant was ineligible for…
Army retention
Here is a Military.com piece about new Army retention control points. You need to know this when negotiating PTA’s or alternative resolutions, and after sentence is announced. Official Army guidance was released on Jan. 28, directing new changes to the RCP program. These changes only affect Soldiers in the ranks…
Fourth Amendment surfing
Courtesy of fourthamendment.com here are links to three law review articles which discuss law enforcement surfing of computers. Andrew Vahid Moshirnia, Separating Hard Fact from Hard Drive: a Solution For Plain View Doctrine in the Digital Domain, 23 Harv. J. L. & Tech. 609 (2010) R. Bruce Wells, The Fog…
Up periscope
The QuanticoSentry reports: Marine Corps National Capital Region courts-martial results. Yuma Sun has this report on a Marine missing for 10 days, the subject of “an extended ground search in the northwest part of town during his absence.” As part of his punishment, the Yuma Marine who went missing for…
Goldsmith on being a legal advisor
Professor Goldsmith has an excellent entry in the new Military Law Review. While his title is “Reflections on Government Lawyering,” I think it could be aptly titled being a law as an advisor. The point is not that you have to be a good lawyer; questioning, researching, writing. The point…