CAAF has issued their opinion in United States v. Delarosa, __ M.J. ___ (C.A.A.F. 2009). In this case the appellant was initially prosecuted in state court. As a result of a granted suppression motion the state prosecution was dismissed. It appears the state court judge found the civilian police did…
DOJ has dropped its appeal and Watada will not be retried because of double jeopardy concerns. Here is a more detailed SeattlePI.com report.
There will be no more oral arguments this term. The “watch” now relates to two pending decisions of importance to military justice practitioners. The most important is when will the Supremes issue an opinion in Melendez-Diaz. Currently the law in the military for admission of forensic reports is Harcrow (for…
Here is a follow-up on a proposed change to Fed. R. Evid. 804(b)(3), a good recommendation. On April 23-24, 2009, the Advisory Committee on Evidence Rules, of the U.S. Judicial Conference, recommended a proposed amendment to Evidence Rule 804(b)(3). The proposed amendment would clarify that the corroborating circumstances requirement under…
May 8, 2009 JOBS for JAGS Seminar Presented by the Pentagon and DC Chapters of the FBA, the Federal Career Service and Young Lawyers Divisions of the FBA, and the Judge Advocates Association Location: Army and Navy Club, Washington, DC This full-day event is designed for junior and senior military…
The Pentagon Chapter of the Federal Bar Association will be throwing an end of oral argument season bash — though, as it turns out, about a month before the final CAAF oral arguments. The festivities will be held at CAAF at 1500 on 27 May 2009. Beverages and light refreshments…
Here’s a NY Times opinion piece with various positions on the current don’t ask, don’t tell policy.
Restyling The Federal Rules of Evidence (Part III).
Here is an item from the FayObserver.com Why is Ronald Adrin Gray still alive?
The New York Times reports that the Obama administration is considering preserving the military commissions some form. Part of the motivation for that, it is said, is this: "Judges might make it difficult to prosecute detainees who were subjected to brutal treatment or for prosecutors to use hearsay evidence gathered…