There may be a legitimate question that the Intoxlyzer 5000 does discriminate against African-Americans. This test is in use throughout much of DoD. It seems at least worth researching and filing a Houser motion in regard to this technology if your client is African-American, and perhaps if the client is…
In considering whether conduct of a private citizen is subject to the Fourth Amendment, our court considers "whether the government had knowledge of and acquiesced in the intrusive conduct; whether the citizen intended to assist law enforcement agents or instead acted to further his own purposes; and whether the citizen…
"In Internet 'sting' cases such as this," the issue of "what a defendant's state of mind was immediately prior to his contact with a sexual target purporting to be a minor is routinely a serious point of contention. We call the issue one of 'predisposition,' and it is primarily a…
United States v. Smither, No. 09-3-KSF, 2009 U.S. Dist. LEXIS 17231 (E.D. Ky. March 6, 2009), is worth the read for a refresher on challenging search warrants because the information is stale. Those of us who have tried are well aware that it's almost impossible to have a child pornography…
Personally, from experience, I'm not sure they do. However, Judge Emmett Sullivan, of the D.C. for D.C. doesn't think so. Here is an item on The BLT: The Blog of LegalTimes, Judge Threatens Justice Lawyers With Contempt Over Detainee Documents, 13 March 2009. So-called Brady rules require prosecutors to hand…
Here is an interesting CAAF grant in a Coast Guard case. No. 08-0719/CG. U.S. v. Webster M. SMITH. CCA 1275. Review granted on the following issue: WHETHER THE MILITARY JUDGE VIOLATED APPELLANT'S CONSTITUTIONAL RIGHT TO CONFRONT HIS ACCUSERS BY LIMITING HIS CROSS-EXAMINATION OF [SR], THE GOVERNMENT'S ONLY WITNESS, ON THREE…
Kevin Maurer, Wounded soldier's care probed, FayObserver.com, 11 March 2009. If this report is believed, injured and wounded soldiers in medical holding company's are disciplined at a higher rate than line company's. Apparently, it is not an excuse for a failure to go that your prescribed medication for you injury…
Two new CAAF cases have been put up on the website. United States v. Stephens, __ M.J. ___ (C.A.A.F. Mar. 12, 2009). The prosecution called the victims father to talk about the effect the trial had on her. Appellant, citing United States v. Mobley, 31 M.J. 273 (C.M.A. 1990), United…
Background on the DP (courtesy of CAAFLog): Since the military death penalty was reinstated in 1984, there have been 15 known military death sentences. Two were set aside in the initial CA's action. Eight have been set aside on direct appeal. In three of those cases, retrials or resentencing proceedings…
Here is one for the what was he thinking category. Eugene Volokh, Lawyer Disbarred for Switching Vote as a Juror Solely in Order To Return To His Busy Law Practice, 11 March 2009. And what else was he thinking? Of course, if Fahy had only remained quiet about his true…