United States v. Foisy, __ M.J. __, No. NMCCA 201000026 (N-M. Ct. Crim. App. July 20, 2010). (Thanks to an early posting of the decision by CAAFLog.) Rodriguez and Gilbride deal with Mil. R. Evid. 304(h)(2) rule of completeness. Mil. R. Evid. 304(h)(2) is a longstanding rule of completeness pertaining…
From on the road. Air Force Times reports that: Air Force officials are investigating the Wisconsin National Guard’s top commander. Air Force press officials didn’t immediately respond Monday to requests for information on what prompted the Air Force Inspector General’s inquiry into Brig. Gen. Donald Dunbar or what it entails.…
On 16 July 2010, Orly Taitz posted the following item on her website. NO ANSWER FROM JUSTICE THOMAS YET. PEOPLE CAN FILE AMICUS CURIAE BRIEFS- FRIEND OF THE COURT, IN SUPPORT OF THE APPLICATION Pity, because there is a 15 July 2010 entry on the Supreme Court journal regarding Taitz…
Oooops, Military.com reports that: The drug Ecstasy shows positive results in the majority of patients when used to treat post-traumatic stress disorder, according to a report coming out Monday in the Journal of Psychopharmacology.
crimeandconsequences blog reports a link to: Eugene Sullivan and Louis Freeh propose creation of a Federal District Court for Guantanamo Bay in this WaPo op-ed. Sullivan is a former CJ of the Court of Appeals for the Armed Forces; Freeh is a former district judge and FBI Director. Their proposal…
CAAF has affirmed United States v. Diaz in a rather non-controversial unanimous decision. While not controversial in my mind, it is worth reading the discussion of Diaz’s attempt to plead guilty by exceptions and substitutions. I’d always thought there was quite a bit of leeway on pleading guilty by E&S,…
Here is an new grant from CAAF. No. 10-0494/AF. U.S. v. Caleb B. BEATY. CCA 37478. Review granted on the following issue: WHETHER THE SENTENCE MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE DETERMINED THE SENTENCE BASED ON THE INCORRECT MAXIMUM PUNISHMENT. Briefs will be filed under Rule 25. Note…
Federal Evidence Review has a good reminder that what may appear to be statements admissible as excited utterances may not in fact be so. Thus, defense as always your job is to ensure that the prosecution doesn’t get away with ritualistic or talismanic incantations of, “it’s an excited utterance (or…
Carmen Miranda was a celebrated and successful actress from the 1940’s. She died 5 August 1955. And no she wasn’t auditioning to be co-counsel for LTC Lakin. Ernesto Arturo Miranda died on 31 January 1976, in prison. Although his notable case resulted in a new trial he was reconvicted. He…
In United States v. Eyster, decided by the 3rd Cir. on 14 July 2010, the appellant claimed he was improperly sentenced because the court considered a 1988 court-martial conviction for rape. On appeal, Eyster argues that the District Court erred by increasing his criminal history from Category II to Category…