Courtesy of LawProfsBlog. The Supreme Court Giveth and the Supreme Court Taketh Away: The Century of Fourth Amendment ‘Search and Seizure’ Doctrine Thomas Y. Davies University of Tennessee College of Law Journal of Criminal Law & Criminology, Vol. 100, No. 3, pp. 933-1041, 2010 University of Tennessee Legal Studies Research…
Here is one of those occasional outside the mjWire cases of interest. The police responded to a 911 call about a “break-in” and a shooting. They found the defendant outside the house, confused and under the likely influence of drugs. The did a “protective sweep” on exigency and found drug…
Courtesy of LawProfsBlog: Vazquez on Advising Noncitizen Defendants on Immigration Consequences of Conviction Yolanda Vazquez (University of Pennsylvania Law School) has posted Advising Noncitizen Defendants on the Immigration Consequences of Criminal Convictions: The Ethical Answer for the Criminal Defense Lawyer, the Court, and the Sixth Amendment (Berkeley La Raza Law…
United States v. Lewis. WHETHER APPELLANT’S RIGHT TO DUE PROCESS WAS VIOLATED WHEN THE TRIAL COUNSEL ASKED A DEFENSE EXPERT WHETHER HE FOUND EXCULPATORY EVIDENCE, AND ARGUED TO THE MEMBERS THAT THE DEFENSE EXPERT FAILED TO FIND EVIDENCE SUGGESTING ANYONE OTHER THAN APPELLANT COMMITTED THE OFFENSES.
A favorite blog – federalevidencereview – has this: Second Circuit confirms that statements made by a co-conspirator to an undercover agent may be admitted without violating the Confrontation Clause where the co-conspirator “was unaware that he was speaking to agents for the government or that his statements might later be…
The Agenda for the CAAF Judicial Conference is here. The agenda is back closer to mission and less of the interesting but arguably irrelevant topics. Of special interest is Prof. Berman from Sentencing Law & Policy. I read his excellent blog everyday. He’s been talking for some time now about…
Yesterday the Navy Office of the Judge Advocate General’s Criminal Law Division recommended that trial counsel continue to request that the military judge give the Benchbook instruction in Article 120(c)(2) cases. The recommendation stated that CAAF’s decision in Prather “does not change the landscape for Navy prosecutors as drastically as…
I posted the other day about the ongoing passionate dispute about the existance of SBS as a valid “diagnosis.” Here is an NPR piece with a little more perspective.
MELENDEZ-DIAZ ACQUITTED. Courtesy of Professor Friedman counsel in several confrontation cases including the upcoming Bullcoming. Boston.com reports: A Jamaica Plain man has been acquitted in a retrial of a cocaine trafficking case that went to the US Supreme Court and resulted in a landmark decision affecting evidence in criminal trials…
United States v. Edwards. Good case for a refresher on custody and confinement and their distinctions. Whether an accused is guilty of escape from custody or escape from confinement logically depends upon the accused’s status at the time of the escape. Article 95, UCMJ, 10 U.S.C. § 895 (2006). We…