Supreme Court. On Tuesday, October 13, the Court will hear arguments in No. 08-651, Padilla v. Commonwealth of Kentucky. At issue in the case is whether a criminal defendant’s guilty plea can be set aside because his defense counsel affirmatively misadvised him with regard to the deportation consequences of the…
Court-martial of 2 soldiers weighed in Iraq discipline cases, by Aamer Madhani, USA TODAY, 11 October 2009. The U.S. Army is weighing whether to prosecute two soldiers charged with maltreatment and cruelty of their troops, including a soldier who committed suicide just four days after joining the unit in Iraq.…
Here’s a neat article by Robert Fugate, Defining Terms of Art in Legal Writing, Texas Bar J., 748, October 2009. /tip New legal writer.
At a September 2009, meeting the Federal Rules Committee approved and forwarded a number of changes to federal practice. Of note to military practitioners, about 2 years from now, is Fed. R. Evid. 804 and its changes. I say that long because Mil. R. Evid. 1102 doesn’t require adoption until…
Barbara Rich Bushell, Identifying Leaders, 21(5) The Jury Expert, Sept. 2009. When I initially read this piece I did not see any relevance to a military Members panel (the jury). The military “foreperson” is preselected, and will be automatically selected after challenges – it’s the senior Member by rank and…
There has been some attention to sex and labor trafficking in the military, witness the issue of prostitution. Trafficking in Sex and Labor: Domestic and International Responses Presented by The University of Pennsylvania Law Review November 13th and 14th, 2009 at the University of Pennsylvania Law School, Philadelphia, PA. Prof.…
Army tests anonymous treatment for alcohol abuse By Teri Weaver, Stars and Stripes, Saturday, October 10, 2009 TOKYO — For better and sometimes worse, alcohol is a common battle buddy. Troops use it to celebrate after a long deployment and to self-medicate when the euphoria fades, leaving only stress, emotions…
Local soldier gets 36 months in military prison, by Tim Olmeda, Nueces County Record Star, Friday, October 9, 2009. A Robstown soldier was sentenced to 36 months in a military prison after pleading guilty to various charges that included failure to report to duty and impersonating a commissioned officer. Pfc.…
That’s the headline in the Capital Flyer, Andrews AFB. In September 2009, a Joint Team Andrews Air Force staff sergeant pled guilty to the wrongful use of marijuana in violation of Article 112a of the Uniform Code of Military Justice. Her wrongful use was initially detected during a random urinalysis…
Since 1 October 2009, NMCCA has issued four new opinions. Here is United States v. Holmes, __ M.J. ___ NMCCA 200800501 (N-M Ct. Crim. App. 8 October 2009)( a Judge Meeks case of Wuterich fame). The other cases are sentence appropriateness and the usual administrativa. The appellant’s sole assignment of…