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…
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…
The Air Force Court of Criminal Appeals has issued a decision in United States v. Harris, __ M.J. ___, No. 2008-03 (A. F. Ct. Crim. App. 2009). IP: This was a government appeal under Article 62, UCMJ. Background: The accused had been prosecuted for use of cocaine. At trial he…
Major Tyesha E. Lowery, One "Get Out of Jail Free" Card: Should Probation Be an Authorized Courts-Martial Punishment?, 198 Mil. L. Rev. 165 (2008). Probation is not an authorized punishment that can be adjudged by the military judge or members. The author of this article advocates allowing the trial sentencer…
Among the cases denied review were a test of the privacy of a worker’s computer when the employer agrees to let police search it for criminal activity — an issue raised by state officials in Florida v. Young (08-528)