Well, that may be anti-climatic? I think the Supremes punted. Here’s a link to the Briscoe memorandum opinion, more later. PER CURIAM. We vacate the judgment of the Supreme Court of Vir-ginia and remand the case for further proceedings not inconsistent with the opinion in Melendez-Diaz v. Massa-chusetts, 557 U.…
Fort Lewis case of the soldier accused of causing the death of his 16 year old girlfriend with a drug overdose. A 20-year-old Fort Lewis soldier has been found guilty of involuntary manslaughter in the overdose death of his 16-year-old girlfriend in his barracks. A military judge ruled Friday that…
Here’s a catch-up on some recent news items. CAAF, ACCA, and CGCCA have issued some published opinions. Thanks CAAFLog for the following items on cases. United States v. Franklin, __ M.J. ___, No. ARMY 20090035 (A. Ct. Crim. App. Jan. 20, 2010) (per curiam). The opinion is available here. On…
A challenge to the Stolen Valor Act is being made based on the First Amendment. Rick Strandlof may have lied about being a decorated Iraq War veteran, but those lies are protected by the First Amendment, according to his attorney and a civil liberties organization. Would you trust this man…
Army authorities are now claiming that Galesburg soldier Spc. Billy Miller had [AP] on his computer as well as alleged [CP] . Miller’s tour in Afghanistan has been involuntarily extended by the army while it investigates charges of possession of [CP] and failing to obey a general order. . .…
Does it exist or not. Here are a couple of news articles about a pending case in Fairfax, VA. Shaken baby syndrome itself is put on trial in Fairfax court Shaken-baby syndrome at center of Fairfax trial
Three interesting grants from CAAF in the last few days. No. 07-0401/NA. U.S. v. Russell B. MULLINS. CCA 200200988. Review granted on the following issues: WHETHER THE LOWER COURT IN HOLDING THAT THERE WAS NOTHING IMPERMISSIBLE IN THE MILITARY JUDGE ALLOWING THE GOVERNMENT TO INTRODUCE LIE DETECTOR TESTIMONY IN VIOLATION…
Here is a case from federalevidence.com: Supervisor expert testified about his role in the peer review process; passing reference to the testing chemist’s conclusion did not violate the Confrontation Clause; circuit also distinguishes Melendez-Diaz v. Massachusetts, 557 U.S. __, 129 S.Ct. 2527 (2009), in United States v. Turner," _ F.3d…
Here is a little more information about the NG soldier held in Afghanistan pending court-martial for alleged CP sent to him by his mother. The family of an Illinois National Guard soldier believes he was wrongly accused of possessing child pornography by a friend he had recently argued with. Rodney…
USA Today reports the LTC shoplifting case: A U.S. Army lieutenant colonel facing court-martial on a shoplifting charge blames the Army for mistakenly reducing the medicine he takes to curb his urge to steal. Army Times reports: A former Fort Riley soldier who served 10 years in prison for a…