The Supreme Court issued a decision today in Corley v. United States. The SCOTUSWiki documentation. The decision in Corley. This may have some impact on military "confessions" and situations. It's a McNabb / Mallory issue. The question here is whether Congress intended 18 U. S. C. §3501 to discard, or…
We made several postings of article assessing the Roberts Supreme Court and the future of the exclusionary rule. Here is another, Susan A. Bandes, The Roberts Court and the Future of the Exclusionary Rule, American Constitution Society, April 2009.
Vol 199 MIL. L. REV., Spring 2009, is now on line complete with typos. National Scurity (sic) Veiled in Secrecy: An Analysis of the State Secrets Privilege in National Security Agency Wiretapping Litigation From Law Member to Militry (sic) Judge: The Continuing Evolution of an Independent Trial Judiciary in the…
1 April 2009: No. 09-5001/MC. United States, Appellant v. Matthew T. BURK, Appellee. CCA 200800146. On March 4, 2009, the United States filed a motion for enlargement of time in which to file a certificate of review in the above-captioned case. The Court granted that motion to March 30, 2009…
Here’s a short article on two cases pending at the Supreme Court, Montejo v. Louisiana and Kansas v. Ventris. Bidish J. Sarma, Robert J. Smith, & G. Ben Cohen, Interrogations and the Guiding Hand of Counsel: Montejo, Ventris, and the Sixth Amendment's Continued Vitality, Northwestern L. Rev. Colloquy, 3 April…
We previously commented on an issue of voodoo science, and more on voodoo science, and the National Research Counsel report on the future of forensics. The promoters of this piece of voodoo — a voice stress analyser — convinced law enforcement to fund and buy their expensive machine and methods…
Norman C. Bay, Old Blood, Bad Blood, and Youngblood: Due Process, Lost Evidence, and The Limits of Bad Faith, 86:2 Washington Univ. L. Rev. (2008). Major General Charles J. Dunlap, Jr. & Major Linell A. Letendre, Military Lawyering and Professional Independence in the War on Terror: A Response to David…
Here is the intro from Kent Scheidegger of CrimeandConsequences blog. To refute the notion that freedom of speech or the press is absolute, a common device is to cite a hypothetical of spoken or written words that everyone with sense would agree can be prohibited. The most famous is Justice…
CAAF issued an opinion today in United States v. Von Bergen, The granted issue was: WHETHER THE MILITARY JUDGE ERRED WHEN HE HELD APPELLANT’S WAIVER OF HIS ARTICLE 32 RIGHTS FOR HIS 20 SEPTEMBER 2001 COURT-MARTIAL APPLIED TO HIS 23 OCTOBER 2006 REHEARING. BLUF: We hold that the military judge…
Here's a good reminder from Jon Katz and his blog. After practicing criminal defense for many years, a lawyer can get jaded by some of the more cockamamie-sounding urgings from clients, including the absence of fingerprints when ten witnesses and five videocameras caught the double-killing, and the shooting defendant was…