Drew Brooks, Kreutzer enters guilty plea, no longer faces death penalty, FayObserver.com, 11 March 2009. Some observations (on the article, and assuming the article is correct). There is no word in the article about how the family is taking this and what role they did or did not play in…
Every so often do you get a file and you can't open it? Check its file extension. The file extension comes at the end of the name of the file and is [dot].bz, and is a key to the name of the software program that created the file. .bz If…
Every now and again a client wants to object to giving a DNA sample once at the Brig. Objections based on religion, the First Amendment, the Fourth Amendment, and the Fifth Amendment, won't work. Pursuant to congressional authorization, the Federal Bureau of Investigation ("FBI") established the Combined DNA Index System…
This issue of journalists and privilege — and considerations of a Shield Law – is not new to military practice. A proposed privilege is circulating around Congress and other high offices. Here is a piece by Prof. Colin Miller of Evidence Prof Blog, writing this time for the Yale Law…
You have to love it, Thomas E. Ricks, Throwing money away from the problem, The New ForeignPolicy.com, 9 March 2009. Remember, do not take fees in cash or by check from a client such as this. Get it on plastic, or from a relatives own funds.
There are several times in a trial when I might ask the judge for a no contact order, to sequester witnesses, or to prohibit witness contact during a break or recess in the trial. I have a fairly standard format for rape and child abuse cases. These in my experience…
Here’s a interesting reference to the Siegelman political prosecution case. No Reversal Despite Juror Exposure To Internet Information, Media Accounts And E-mail, 10 March 2009. Eleventh Circuit agrees with trial court, after a hearing with all twelve jurors, that exposure to an unredacted copy of the Second Superseding Indictment,…
The Supreme Court has decided Vermont v. Brillon. The case is a Sixth Amendment speedy trial case. The significant delays in the accused getting to trial were caused by Brillon's public defender counsel or himself. The bottom line issue is who is accountable for those delays — the government or…
Prof. Colin Miller, Can I Get A(n Eye) Witness: 60 Minutes Story Exposes Problems With Eyewitness IDs, Evidence Prof Blog, 9 March 2009. Those of you who watched 60 Minutes last night saw the interesting story, Eyewitness: How Accurate is Visual Memory? And the answer is, "Not very." The story…
Worth the read is Gustav Eyler, Gangs in the Military, 118 Yale L. J. 696 (2009). Gang activity in the U.S. military is increasing. Gang members undermine good order and discipline in the armed services and pose a serious threat to military and civilian communities. Congress recently responded to this…