Client: It wasn’t me. I didn’t (send that raunchy email) (I didn’t download that porn). Atty: But look, they’ve got all this forensic data showing it came from your Army account while you were on line. Client: It wasn’t me. Atty: Come on, you can’t beat the forensics. Huuuuuuuum. Been…
Court-Martial Trial Practice Blog
Sexual assault counsellors in the news
The politicians made issue of several military sexual assault program personnel who got in trouble. They crucified them. Now here is another one who apparently is pretty much found to be a less serious case than postured. Little will be heard from the policians about this. But we on the…
Failure to investigate
We hear a lot about the sufficiency of OSI, NCIS, CID investigations these days because of the sexual assault cases. Generally the assumption is that the failure to investigate aids the accused. I disagree that it always aids the accused. There are many times the failure is in discovering helpful…
Submission to authority
Add in that military personnel are trained to obey. The U.S. Supreme Court has ruled that police officers can briefly detain and search a person if they have a reasonable, articulable suspicion that he or she is committing, has committed, or is about to commit a crime. But cops need no such…
Eyewitness testimony resource?
A Survey of Federal and State Standards for the Admission of Expert Testimony on the Reliability of Eyewitnesses George Vallas Independent 2011 American Journal of Criminal Law, Vol. 39, No. 1, Fall 2011 Abstract: Eyewitness testimony is indispensible to the proper functioning of the criminal justice system. However, as Justice…
Time on your hands
I found this interesting item on SCOTUSBlog. If one goes to the “Frequently Asked Questions” page of the Supreme Court website, there is this question: “Where can I find the papers of the Justices?” Indeed. And here is the answer tendered: “The Biographical Directory of Federal Judges, maintained by the Federal Judicial…
Encrypted files and drives
What is the status of an accused being forced to divulge passwords on computers suspected of having contraband. As an update in a recent case in which the government obtained an order compelling in individual to provide access to decrypted information on seized hard drives, In the Matter of The Decryption…
Filed today
Filed today, a motion to vacate related to the “appointment” of an appellate judge by the Secretary of Defense: Judge Soybel
UCMJ amended
http://focustaiwan.tw/news/aipl/201308060021.aspx
Collateral effects
This is somewhat off topic, but something military personnel deal with fairly regularly. The Driver License Compact is an interstate agreement between 45 states to exchange information about license suspensions and traffic violations of non-residents, including DUI offenses. Its theme is “One Driver, One License, One Record.” http://blogs.findlaw.com/blotter/2013/08/how-does-the-driver-license-compact-affect-duis.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Blotter+%28FindLaw+Blotter%29