SOR seems to be a current topic, here is a new post from Prof. Yung: Another Free Exercise of Religion Issue for a Sex Offender These days, sex offenders can’t even go to church in some areas. Not long ago the State of Georgia enacted a law prohibiting sex offenders…
“Defending Those Who Defend America”: Avoiding Conflicts of Interest in Order to Provide an Ethical and Effective Defense Sex Offender Registration Laws and the Uniform Code of Military Justice: A Primer I follow SOR issues very closely for current clients, past clients, and the all too frequent new client. The…
Father: Convicted GI poisoned himself before surrendering By Seth Robbins, Stars and Stripes Online Edition, Tuesday, August 25, 2009 A Special Forces soldier who was on the run for nearly two days following a court-martial conviction poisoned himself before surrendering to police, his father told Stars and Stripes on Tuesday.…
Jennifer Grogan, of theday.com connecticut reports that [The US]CGA expels nine cadets for drug use, 22 August 2009. Nine sophomore cadets have been expelled from the U.S. Coast Guard Academy for using or possessing cocaine or marijuana. Drug use was the most serious offense, but several of the nine third-class…
ACCA has issued a Memorandum Opinion in United States v. Markis, ARMY 20070580 (A. Ct. Crim. App. 18 August 2009). Appellant had given three pre-trial admissions to CID. The defense sought to exclude the confessions as being coerced. The military judge permitted the defense to present expert testimony on coerced…
SAUSA an interesting piece from Volokh which I posted the other day. It’s black letter law that a prosecutor may not ask a defendant to comment on the truthfulness of another witness, United States v. Combs, 379 F.3d 564, 572 (9th Cir. 2004), United States v. Geston, 299 F.3d, 1130,…
The issue of post-trial delay and prejudice is on the front burner again as a result of CAAF’s decision in United States v. Bush. Here is a repeat of part of a post of mine from April 2008. 1. After trial — sit down with the client and explain the…
Thursday, Columbus TV commentator and retired news anchor Al Fleming managed to do what every major network, cable news outlet, newspaper, magazine and blogger has failed to do for more than four decades: get William Calley to speak publicly about his personal day of infamy. Ledger-enquirer.com, 21 August 2009. AN…
VILSECK, Stars & Stripes Germany — A manhunt is under way for a U.S. Special Forces soldier who fled after being convicted of kidnapping and sexually assaulting a German woman. Sgt. 1st Class Kelly A. Stewart — who was found guilty of multiple charges including kidnapping, forcible sodomy and aggravated…
Here’s an interesting piece from Volokh. It appears the often bad habits of the military court-room have shown up in federal district court. The appellate judges don’t seem amused, but neither do they find prejudice. Tolerated misconduct without findings of prejudice don’t discourage, they encourage. However, here the defense counsel…