The prosecution of civilians at court-martial has been an interesting development since the Article 2(a)(10), UCMJ, changes. For a little background see the earlier musings on this topic. There has been only one private contractor ever indicted by the Department under MEJA for any sort of physically abusive or violent…
First Person Civilly Committed as Sexually Dangerous Person Under AWA, Sex Crimes blog, 13 February 2009. Professor Yung is reporting an event reported to him. This is worth reading. I've had at least one prior child pornography client picked up while on parole for hanging around children in a local…
United States v. Fisher, ARMY 20080012 (A.Ct.Crim.App. 20 February 2009). This case was submitted on its merits. After a review, the court specified two issues, both of relevance to trial advocates and military judges. After finding error, the court found no relief warranted because the error was not prejudicial. We…
Karen Franklin reports a “guest” piece, by Prof. Mnookin, Professor and Vice Dean, UCLA Law School. See actually, Jennifer L. Mnookin, Clueless ‘science,’LA Times, 19 February 2009. The article is about the congressionally funded National Research Council report on forensic science (look to my earlier posts). Several points that have…
Prof. Colin Miller, The Bloodhound Gang: Detroit Free Press Article Addresses Admissibility Of Bloodhound Tracking Evidence, EvidenceProf Blog, 19 February 2009. Professor Miller notes the majority rule that courts generally admit evidence that bloodhounds tracked down a defendant. The minority rule is that such evidence is per se inadmissible because:…
There has been much discussion about electronic filings in military appellate litigation. Some of that has been generated because of how civilian courts operate electronically. And of course, more recently as a result of the supposed missed deadline brouhaha in United States v. Rodriguez. CAAFLog has much information on these…
What do you do if you have government sponsored or endorsed "science" that helps catch thieves, cheats, and liars, and other scientists question the validity of your science — you threaten a lawsuit for libel. Professor Tillers has picked up on the interesting topic of voice analysis as first raised…
Those with an interest in forensics have been waiting for the much touted National Research Council report on the state of "forensic science" in the U.S. The National Association of Criminal Defense Lawyers has this to say: Finding an inconsistent system rife with “serious deficiencies,” lacking practitioner and laboratory independence,…
MAJ Joel P. Cummings, Is Article 125, Sodomy a Dead Letter in Light of Lawrence v. Texas and the New Article 120? The Army Lawyer, January 2009.
United States v. Bell, No. 06-4413, 2009 U.S. App. LEXIS 2901 (6th Cir. 17 February 2009). Recently published, this case is a decent primer on automobile stops with drug dog sniffs: what turns a traffic stop into a seizure, etc.