In the July Army Lawyer Judge McDonald has some comments based on his first year on the bench. (I have noted over the years that it takes most judges about a year to get their relative bearing.) I think we can all echo his comments and find a myriad of…
Two items relevant to the internet, privacy, and the Fourth Amendment. Orwell would be . . . Orin S. Kerr, Applying the Fourth Amendment to the Internet: A General Approach, 62(4) STANFORD L. REV. 1005 (2010). This Article proposes a general approach to applying the Fourth Amendment to the Internet.…
ACCA has released an unpublished opinion in United States v. Delagarza. It’s an odd case. A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of violating a general order, false official statement, and two specifications of larceny (from his fellow soldiers), in violation of Articles…
USNavySEALS.com reports a possible widening of the Wikileaks – Manning investigation: Former computer hacker Adrian Lamo (who pointed federal authorities to the Army Intelligence analyst who allegedly leaked the documents, Bradley Manning), has implicated two men in the Boston area in the controversy. Lamo shared that these two men have…
Temple Daily News has this odd report concerning John Galligan. A child molestation case in the Bell County court system more than a decade after the military closed it out took a bizarre turn Friday when a judge ruled the defense attorney must be removed because he could be a…
Here is a link to the July Army Lawyer. “I Won’t Participate in an Illegal War”: Military Objectors, the Nuremberg Defense, and the Obligation to Refuse Illegal Orders United States v. Blazier: So Exactly Who Needs an Invitation to the Dance? Substantive Crimes and Defenses Lesser Included Offenses Update: United…
That is the headline from the Navy Times: A judge has sentenced a former university student to join the military for a post he made on Facebook that led to a lockdown at Faulkner University here. Zachary Lambert, 23, agreed to plead guilty to the misdemeanor charge of harassing communications…
Yesterday I posted a Ramrod Five update and also the possibility that Dutch prosecutors may proceed against peacekeepers. Now UPI is reporting that: A military prosecutor says she may pursue charges against several Australian troops in a raid in Afghanistan last year in which five children died. Brig. Lyn McDade,…
According to the Olympian: A total of 12 soldiers from Joint Base Lewis-McChord face charges in a widening web of alleged misdeeds and conspiracy from their yearlong deployment to Afghanistan. . . . The seven new defendants were charged this month with 33 charges, with the common thread being conspiracy…
I have been routinely filing a motion in-limine in cases where I expect the prosecution witnesses, typically law enforcement or DFAS, to be providing context testimony. There are several bases to object: hearsay is bootstrapped, there is implied human lie detector testimony, there are Mil. R. Evid. 701 fact wrapped…