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…
American Chronicle reports that Rep. Adam Schiff (D-CA) has proposed legislation called the Terrorist Detainees Procedures Act. Here is the link to H.R. 1315. Here is a link to the congressman's Guantanamo Detainees Procedures Act of 2005.
Yes, the Bluebook is now online, with yes, a paid subscription. A new annual subscription is $25.00. Subsequent annual renewals are $15.00. Subscriptions of up to three years may be purchased at the current rate. Here are the free "Bluebooks" from the military appellate courts. Air Force.Army.Coast-Guard.Navy-Marine Corps.Court of Appeals…
Melanie D. Wilson, Finding a Happy and Ethical Medium Between a Prosecutor Who Believes the Defendant Didn't Do It and the Boss Who Says That He Did, 103 Nw. U. L. Rev. Colloquy 65 (2008). The trial counsel (prosecutor)[n.1] works for the SJA, the SJA works for and advises the…