Well, according to the military appellate courts and law, a military member can consent to a search. However, is that realistic. The military is a society that follows orders. Can the circumstances surrounding the request for a consent search be so (objectively?) onerous as to make a refusal futile. I…
For many years I've had a small book on my shelf called How to Lie with Statistics first published in 1954. I see that it is now in a 1993 paperback edition, with pictures. Darrell Huff, How to Lie with Statistics, W. W. Norton & Company (September 1993). I am…
As a defense counsel you can learn a lot from the prosecutors. Here is a APRI monograph which explains emails and how to maybe identify who has been sending them. This type of information is as equally useful to the defense counsel as to the prosecutor. The reverse of course…
Professor Yung posts and asks Which Community Standard? The question relates to purchasing of alleged obscence materials across state lines. For courts-martial, the community standard question is also important for allegations alleging indecency or obscenity. It would be beneficial for a service-member being prosecuted at court-martial for an incident in…
Professior Miller’s blog has this topic Let’s Make A Deal: Supreme Court Of Pennsylvania Correctly Affirms Rule 410 Ruling But On Wrong Grounds.” Evidence Prof. Blog, 30 January 2009. Professor Miller argues, correctly, that the court was right, but for the wrong reason (under Federal Rule of Evidence 410, as…
It is true, not even police officers know who is telling the truth. And anyone who tells you different is — yes — a liar. The Evidence in the News blog has a comment. Note, the comment on the research is consistent with the research. There is ample valid research…
From SMART (Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking), Office of Justice Programs, Department of Justice. A Practitioner's Guide to the Adam Walsh Act Cases Interpreting 18 USC 2250 (September 23, 2008) Sex Offender Registration Law Update #21, December 02, 2008 And much more through Professor Yung's…
In United States v. McPherson, CCA 20070115, No. 08-0651/AR, the court has granted the following issue. WHETHER AN HONORABLE DISCHARAGE (SIC)FROM THE UNITED STATES ARMY RESERVE WITH ACCOMPANYING ORDERS, EFFECTIVE AFTER SENTENCING BUT PRIOR TO ACTION BY THE CONVENING AUTHORITY, HAS THE EFFECT OF REMITTING THE BAD-CONDUCT DISCHARGE ADJUDGED AT…
— Or more likely you can't un-ring the phone. United States v. Thomas, 2009 U.S. Dist. LEXIS 4389, No.08-cr-87-bbc-02 (W.D. Wis. January 20, 2009), is of interest for several reasons: the use of cellphone tracking technology, and application of the recent U.S. Supreme Court decision in Herring v. United…
Professor Yung at Sex Crimes blog has brought attention to a Tennessee decision which would allow expert testimony about an accused's sleepwalking in a child sexual abuse case. He ponders that, "I always discuss sleepwalking as an example, but students sometimes doubt it ever really comes up. I never imagined…