There’s at least one federal judge who likes to enforce discovery where the prosecution has a – in my words – self executing duty to produce. Federal Judge Questions Prosecution Conduct in Ye Gon Case. “This is the second time in less than three months in a high profile case…
The officers had PC for a vehicle search based on their surveillance, so Gant has no application. United States v. Almaraz, 2009 U.S. Dist. LEXIS 54138 (S.D. N.Y. June 26, 2009).* The stop in this case was not unreasonably extended. The officer’s questioning during the writing of the ticket led…
Drug ‘em if you’ve got ‘em. I’ve argued often that the military drug policy is broken: Alcohol the number one drug of abuse — a killer, a cause of injury, and a cause of physical damage and loss of military property — goes relatively free from regulation and consequence, military…
Here is this month’s technology/software item to go in your office-in-a-briefcase. Gwabbit. gwabbit is an Add-in for Microsoft Outlook and the BlackBerry that finds, gwabs and adds contacts from your emails to your Outlook address book with a single mouse click! Along with PureText, and CiteGenie, gwabbit add-on makes it…
Here is information concerning President Obama’s recent comments on DADT. Obama urges lesbian, gay patience overturning ‘unjust laws’ (text from the L.A. Times) Remarks by President Obama at the LGBT Pride Month White House Reception, June 29, 2009. Here is Volokh Conspiracy’s multiple choice test on the comments. To deal…
Abu Ghraib Scandal Haunts Lynndie England June 29, 2009 Associated Press KEYSER, W.Va. – More than two years since leaving her prison cell, the woman who became the grinning face of the Abu Ghraib prisoner abuse scandal spends most of her days confined to the four walls of her home.
I’ve commented earlier that I do not see Melendez-Diaz altering the drug urinalysis case in terms of laboratory evidence. Here is some additional thought which I think supports my conclusion. Q2: Peer review, forensic experts. One question that came up during oral argument, and remains after the ruling, is the…
Here is part of Professor Colin Miller’s recent post about search incident to arrest after Arizona v. Gant was decided by the Supreme Court. This is a good review of the issue. [Quote] In 1969, the Supreme Court established the boundaries of proper search incident to a lawful arrest in…
It’s been a while since this issue has come up, and it does come up every now and again in military cases – DoD has approximately 50,000 foreign nationals on active duty. Some more fallout from the U.S. Supreme Court’s decision in Medellin v. Texas fell today from the California…
Here is the QP is Briscoe, a VA case which addresses one of the points raised in Melendez-Diaz. I have done this in drug urinalysis cases – asked for production of the lab witnesses as defense witnesses – and been refused. If a state allows a prosecutor to introduce a…