United States v. Zaruba. The appellant has assigned three errors, but we need address only the first: DID THE MILITARY JUDGE ERR WHEN HE FAILED TO REOPEN THE PROVIDENCE INQUIRY AFTER EVIDENCE OF THE APPELLANT’S DIAGNOSIS OF POST-TRAUMATIC STRESS DISORDER AND BIPOLAR DISORDER WERE INTRODUCED DURING SENTENCING IN ORDER TO…
Court-Martial Trial Practice Blog
Bullcoming
Here is the argument transcript in Bullcoming v. New Mexico. Here is Professor Friedman’s initial thoughts.
Still Manning up
Here is a DOD press release with more details of the new charges. Again they point out that it is going to be a non-capital referral recommendation.
Manning up
ABC News reports: The Army said Wednesday it has filed 22 additional charges against Pvt. 1st Class Bradley E. Manning, the soldier suspected of providing classified government documents published by the ****** anti-secrecy group. Army officials said the charges accuse Manning of using unauthorized software on government computers to extract…
Another government “appeal”
CAAF’s Journal for 28 February: No. 11-5003/NA. U.S. v. Thomas J. HAYES. CCA 201000366. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date on the following issues: WHETHER THE…
Camreta
I’ve posted the link to Camreta argument today. Another Scalia’ism It takes two to tango[.] At p. 6. There appears to be a question whether the case was improvidently granted, or is moot, or? JUSTICE KAGAN: General Kroger, I don’t think that the question here is really a standing question;…
SCOTUS argument in Camreta
Click to access 09-1454.pdf
Police benefit of the doubt
Here courtesy of fourthamendment.com is a case which demonstrates how the police benefit from the benefit of doubt. Trial court’s ruling denying motion to suppress was erroneously denied. While the trial court has the credibility call and great deference in making findings of fact at a suppression hearing, the surveillance…
More on spice of life and career death
Thanks to a lurker: The Administrator of the Drug Enforcement Administration (DEA) is issuing this final order to temporarily place five synthetic cannabinoids into the Controlled Substances Act (CSA) pursuant to the temporary scheduling provisions. The substances are 1-pentyl-3-(1-naphthoyl)indole (JWH-018), 1-butyl-3-(1-naphthoyl)indole (JWH-073), 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200), 5-(1,1-dimethylheptyl)-2-[(1 R, 3 S)-3-hydroxycyclohexyl]-phenol (CP-47,497), and…
Gray and death
Here is a piece in the fayobserver.com about United States v. Gray, a long ongoing DP case.