I’ve noted before that people get nervous when stopped and questioned by the police. Being nervous is not by itself a sign that the person is lying or a criminal or doing something wrong. Although of course NCIS/OSI/CID will often say it is so. As the writer notes here, The…
Court-Martial Trial Practice Blog
Standards for prosecutors
The National District Attorney Association has a pending Third Edition to the National Prosecution Standards pending. You need a key to read it, gosh forbid the public might be allowed to know the standards, and perhaps comment on them.
Coming and going
Recruiters and fake high school graduation and home schooling certificates, and now this: The U.S. Army is investigating soldiers who bought degrees from an illegal diploma mill that was based in Spokane and resulted in prison time for its operators. The Army’s Human Resources Command is using a list of…
Rumsfeld revisits Afghanistan
Talking to a group of relaxing Soldiers former Secretary of Defense Rumsfeld reiterated that you have to go to war in what you’ve got. Military.com, 22 May 2009. “Any soldier who goes into battle against the Taliban in pink boxers and flip-flops has a special kind of courage,” Rumsfeld Robert…
Memorable marriages
Wife Doubts PTSD Bigamy Excuse, Military.com, 22 May 2009. A Missouri woman whose husband was cleared of bigamy said she does not believe his claim that post-traumatic stress disorder made him forget his marriage.
Technology
This week my technology item is PhoneTag. PhoneTag is a fee based system to receive voicemails as a written email. While on a business trip to Los Angeles in 2003, James Siminoff was out to dinner with friends. Before they could sit down, William had to sort through a 20…
Excluding taped conversations
United States v. Crabtree, No. 08-4411, 2009 U.S. App. LEXIS 10720(4th Cir. May 19, 2009). In a published opinion the Fourth Circuit sides with the majority of federal circuit courts of appeal that there is no government “clean hands” exception to the receipt into evidence of unlawfully taped telephone calls.…
Comment on Yammine
Here is Prof. Colin Miller’s comment on United States v. Yammine, decided by the NMCCA recently. Does Child Pornography=Child Molestation?: Military Court Finds Child Pornography Evidence Was Properly Admitted As Character Evidence
Stunning development
David Kocieniewski, Lawyer’s Ways Spelled Murder, U.S. Is Charging, NY Times, 20 May 2009. He spent a decade as a top prosecutor, trying murder cases in New Jersey, drug cases in federal court and a wide range of offenses in the military justice system. He went on to become one…
DADT
Don’t Ask, Don’t Tell, Don’t Repeal, Don’t Defend: In today’s WSJ, Brian Hughes, a former Army Ranger twice awarded the Commendation Medal, makes a powerful case for ending "Don’t Ask, Don’t Tell.” Volokh Conspiracy.