AP reports: Eight years ago, a child protection investigator and a deputy sheriff removed a 9-year-old Oregon girl from her classroom and questioned her at length as to whether her father had sexually abused her. According to the girl, they wouldn’t take "no" for an answer, and she falsely incriminated…
Thanks to Howard Bashman at How Appealing, here is a link to United States v. Steen, a Fifth Circuit case involving a prosecution under 18 U. S. Code § 2251(a). Alan Ray Steen appeals his jury conviction for one count of production of child pornography for video he surreptitiously recorded…
It looks like some Blazier trailers are starting to come out: United States v. Dollar: We consider whether the preadmission of two drug testing reports violated the Confrontation Clause of the Sixth Amendment. In light of United States v. Blazier, 69 M.J. 218 (C.A.A.F. 2010) (Blazier II), we find error…
Military.com reports: The Air Force has started drug testing airmen for synthetic forms of marijuana this week, making it the first service to announce such screening. What actually they will be testing for is clear. But it’s not spice, which is actually salvia divornium; that can’t be tested for currently. …
2 March 2011, Bullcoming v. New Mexico will be argued at the U.S. Supreme Court.
KDHNews.com reports:s Maj. Nidal Hasan’s defense team met with Col. Morgan Lamb, the special court-martial convening authority in his case today. The meeting provided the defense team, led by retired Col. John Galligan, an opportunity to present any matters for Lamb’s consideration before he takes action as a convening authority…
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.