Computer search warrant was badly drafted, and it lacked particularity. However, the good faith exception saved the search because the officer sought counsel from the USMJ and AUSA in executing it. United States v. Otero, 2009 U.S. App. LEXIS 9001 (10th Cir. April 28, 2009). Police who were actually investigating…
There has been a discussion about access to court dockets by the media, practitioners, educators, and the public to information about on-going courts-martial. For example here is a piece on CAAFLog. While I have been a supporter of transparency, I from time to time wish we could do as other…
In its decision Wednesday in Kansas v. Ventris (No. 07-1356), the Supreme Court ruled that the government may impeach a defendant’s testimony using statements obtained during an interrogation that violated his Sixth Amendment right to counsel, even though the prosecution would be barred from using such tainted evidence as part…
This might be of more interest to appellate practitioners, but here is a Download CAAF Proposed Changes rule changes.
Here is another read this article about a court-martial in New Zealand. Same question, what’s different?
I’ve posted before on issues about potential bias and unreliability with forensic and other expert testimony: here and here. In particular, we’ve referenced the National Academy of Sciences study. Well it’s not just in the United States. Here is a piece from the U.K. Frances Gibb, Why the Law Commission…
I mentioned an article yesterday about the court-martial of a New Zealand army officer. I wondered if you’d noticed the same thing. What’s the officers name? The question relates to how other countries deal with trial by media.
Justice Souter’s nomination, although apparently predictable, is in the news. Here is an interesting perspective on how his retirement and Senator Specter’s “defection” may impact the nominee to replace Justice Souter and all of the administrations future judicial nominations. Prof. Michael C. Dorf, How Specter’s Defection Could Make it Harder…
Read this article about a New Zealand army prosecution. What’s different about it?
In United States v. Gladue, __ M.J. ___ (C.A.A.F. 2009), has underscored the importance of understanding the terms of a PTA and the effect on appellate was well as trial issues. In Gladue the accused, as is common, agreed to waive any waivable motions. The MJ discussed with appellant a…