It’s not hard to believe recruiters might go to any lengths to complete mission, having represented a lot of recruiters and also those who claim they were improperly recruited. But does this not take the cake? Not only the recruiter, but MEPS, and he got through boot-camp. Rick Rogers, Case…
A recent Ninth Circuit case highlights the importance of disclosing impeachment evidence and the consequences of failing to do so. The prosecutor requested a criminal history check on a key government witness. The prosecutor indicated he was unaware of the criminal history which was not disclosed to the defense. The…
Kenneth Anderson, The Role of the United States Military Lawyer in Projecting a Vision of the Laws of War, 2 Chi. J. Int. L. 445 (Fall 2003). Kenneth Anderson, Professor of Law, Research Fellow, The Hoover Institution on War, Revolution and Peace, Stanford University.
NMCCA today issued an important published opinion setting aside a finding of guilty to distribution of child pornography under 18 U.S.C. § 2252A(a)(2). United States v. Craig, __ M.J. ___, No. NMCCA 200800716 (N-M. Ct. Crim. App. May 28, 2009). CAAFLog, 28 May 2009. AFCCA today issued a fascinating published…
Joe Ryan, A swaggering defense attorney who authorities say turned his back on the law, The Star-Ledger (NJ.com), 31 May 2009. Last August, authorities say, Paul Bergrin traveled from Newark to Chicago hoping to meet a hit man. Bergrin, who investigators describe as a go-to lawyer for Newark street gangs,…
Prof. Corey Yung has a very interesting post, one of several more to come, about how to measure judicial activism. As best I can tell it relates to the panel, rather than individual appellate judges. But non-the-less, it’s an interesting way to look at how activist a court may be.…
USPO’s delivery guarantee creates no constitutional possessory interest in a package in transit: The post office delivery guarantee does not create a constitutional possessory interest such that US Postal Inspectors could delay a package in Juneau, Alaska for a dog sniff and a search warrant to open it before delivery.…
Clients usually ask me if they should write their congressperson. My answer is invariably no – unless you are their son or daughter, or unless you give them thousands of dollars in campaign funds every year. For those who insist I always tell them to be careful what to say…
Splitting 5-4, the Supreme Court on Tuesday overruled its 23-year-old ruling in Michigan v. Jackson on the rights of a criminal suspect in police custody who has asked for a lawyer. The Court did so in Montejo v. Louisiana (07-1529), in an opinion written by Justice Antonin Scalia. After Scalia…
This case shows one of the downsides of constantly having a cellphone at your side, pocket, or hip. A man is arrested. Pursuant to the Supreme Court’s opinion in United States v. Robinson, 414 U.S. 218 (1973), "[a] full search of the person, his effects, and the area within his…