We previously noted the serious allegations against attorney Paul Bergrin for alleged racketeering, witness tampering, and murder. Stunning development David Kocieniewski, Lawyer’s Ways Spelled Murder, U.S. Is Charging, NY Times, 20 May 2009. In June Mr. Bergrin plead not guilty to these charges, according to NJ.com. Sarah Rice, The Star-Ledger…
Here is a link to the Bond Amendment. The amendment replaced what was known as the Smith Amendment. There were good and bad changes. Good was the change to “served” rather than “sentenced” to more than one year; bad is that all agencies and all types of clearance are covered.…
(1) An accused may not enter inaccurate, inconsistent, improvident, or uninformed pleas of guilty, and the military judge may not permit the accused to do so. UCMJ art. 45, 10 U.S.C. § 845 (1988); see United States v. Schwabauer, 37 M.J. 338 (C.M.A. 1993). (2) Therefore, before the military judge…
Hours Before Court-Martial, Army Resister Victor Agosto Speaks Out on Why He’s Refusing to Fight in Afghanistan: from Democracy Now, 5 August 2009. ————————————————- Ex-soldier appeals court-martial, Rochelle Hines, Florida AP. (Hopefully it’s not his lawyer who has the names of the appellate courts wrong.) Camilo Mejia, 1st GI to…
August 06, 2009 Associated Press FORT HOOD, Texas — A Soldier who refused to deploy to Afghanistan over his beliefs that the war violates international law was sentenced here Wednesday to a month in jail. Spc. Victor Agosto, 24, of Miami, pleaded guilty to disobeying a lawful order to report…
United States v. Usry, __ M.J. __, No. 1298 (C.G. Ct. Crim. App. Aug. 5, 2009). This case discusses the different issues that can come up when there is an indication that the client is having a bad mental health day at trial. The problem can come from medications the…
[Note: sorta in construction] Many are familiar with my office-in-a-briefcase: the color printer, color scanner, computer, and some peripherals that do — yes — do fit in a briefcase for traveling. Listed on this page are some items that I use or have come across that are useful in a…
From time to time I try to get a judge to accept and instruct on an adverse inference. Or at least argue it. Generally adverse inferences come up when evidence is “lost” or there has been a refusal of discovery. Basically the argument goes that if the evidence isn’t provided…
Here is an interesting piece about Members having certain types of electronic evidence in the deliberation room. A few federal courts provide guidance on the use of electronic evidence during jury deliberations, including the Ninth Circuit Model Jury Instructions and the U.S. District Court for the District of New Hampshire.…
Army, Rep. Frank investigating charge that soldiers killed gay Iraqis By CHRIS JOHNSON, Washington Blade | Aug 4 2009, 1:38 PM The U.S. military is investigating claims that U.S. service members were involved in committing atrocities against gays in Iraq, although at least one activist is skeptical about the veracity…