Do you have clients who want to know about search warrants or authorizations, and do you want information and access? Well of course. Here's an interesting case which raises the issue of access to search warrant materials pre-indictment under the Fourth Amendment — or in the military pre-preferral. If the…
As noted earlier, the Smith Amendment was changed recently. An astute reader has provided a new name for us — the commenter refers now to the "Bond Amendment." Instead of the old Smith Amendment at 10 U.S. Code 986, the new law on security clearances for persons sentenced to confinement…
United States v. David, ACM S31478 (A.F. Ct. Crim. App. 10 February 2009), is of interest on the question(s) of when a military judge should recuse him or herself from a case. Here the military judge disclosed, in a naked urinalysis-cocaine case, close family member was a drug addict. The…
If you are like me you are doing a lot of BAH fraud cases right now, especially for recalled or activated Guard and Reserve personnel. The AFCCA has issued an opinion about mistake and instructions in the fraud type case. United States v. Armstrong, ACM 37130 (A.F. Ct. Crim. App.…
Prof. Peter Tillers, How Distinctive Must a Modus Operandi Be to Serve as a "Signature"? Tillers on Evidence and Inference, 13 February 2009. Military Rule of Evidence 404(b), United States v. Huddleston, 485 U.S. 681 (1988), are at the heart of Prof. Tillers' critique. In his view the rules requiring…
Some snippets from cases released to LEXIS. Plain view. Under the plain view doctrine, evidence may be seized without a warrant if the following three conditions are met: "(1) 'the officer did not violate the Fourth Amendment in arriving at the place from which the evidence could be plainly viewed,'…
The NMCCA has heard oral argument and has a case pending which challenges the constitutionality of the "new" Article 120, UCMJ. All the other Service CCA's or MJ's to consider this issue have found the statute constitutional. The MJ's have taken varying approaches in the court-room though. One MJ I…
As I sit in the VA crim law CLE we have an hour on immigration issues and convictions. The VA crim law Bar considers the consequnce of conviction to be a “very important” aspect of criminal law practice. And other consequences seem just as important. Sent from my Verizon Wireless…
United States v. Rose, __ M.J. ___, No. ACM 36508 (A.F. Ct. Crim. App. Feb. 12, 2009), has been released. Thanks to CAAFLog for early access to this important case. This is a case on collateral consequences of court-martial convictions. We've discussed SOR several times. The discussion of collateral consequences,…
Patrick Clayborn, Pre-court-martial hearing held for Fort Rucker soldier, 11 February 2009. So called shaken-baby cases can be difficult. The evidence of nexus between acts alleged and injury or death can be ambiguous and subject to interpretation, or in some cases overpowering. There are several cases worth reading in this…