Uncategorized Category Archives — Page 104 of 113 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Readings

April 4, 2009 | The Law Office of Philip D. Cave

Norman C. Bay, Old Blood, Bad Blood, and Youngblood: Due Process, Lost Evidence, and The Limits of Bad Faith, 86:2 Washington Univ. L. Rev. (2008).

Major General Charles J. Dunlap, Jr. & Major Linell A. Letendre, Military Lawyering and Professional Independence in the War on Terror: A Response to David Luban, 61:2 Stanford L. Rev. 417 (2008).

First amendment and leaking information

April 3, 2009 | The Law Office of Philip D. Cave

Here is the intro from Kent Scheidegger of CrimeandConsequences blog.

To refute the notion that freedom of speech or the press is absolute, a

common device is to cite a hypothetical of spoken or written words that

Clients stories

April 2, 2009 | The Law Office of Philip D. Cave

Here's a good reminder from Jon Katz and his blog.

After practicing criminal defense for many years, a lawyer can get

jaded by some of the more cockamamie-sounding urgings from clients,

Miranda.

April 2, 2009 | The Law Office of Philip D. Cave

From CrimeandConsequences blog.

For the second time in two weeks, the U.S. Supreme Court has stayed the

mandate of the Florida Supreme Court in a criminal case on the

Gray, Death Penalty case.

April 2, 2009 | The Law Office of Philip D. Cave

Gray v. Gray, No. 08-3289-RDR (D.C. Kan. April 1, 2009). An ironic twist that the current commandant at the USDB is Colonel Gray. A little history.

Private Gray’s convictions and death sentence became final on July 28, 2008, when the President approved his death sentence. On August 14, 2008, the Secretary of the Army signed an Execution Order directing that Private Gray be executed at the Federal Correctional Complex, Terre Haute, Indiana, on December 10, 2008, at 2200 hours, by lethal injection. On November 26, 2008, this Court granted Petitioner’s motion for a stay of execution and appointment of counsel.

Here is the habeas corpus petition for Private Gray, it's 106 pages (thanx NIMJ). Gray is currently at the USDB with a presidentially approved death penalty. Here is a piece from the introduction.

Colonel Murphy.

April 2, 2009 | The Law Office of Philip D. Cave

Thanks to CAAFLog for this link to the Air ForceTimes article on Colonel Murphy's conviction by a members panel.

Here's an ABA article, same theme. Stephanie Francis Ward, Catch Me if You Can, ABA Journal Magazine online, April 2009.

How true?

April 2, 2009 | The Law Office of Philip D. Cave

Many accused, with halting eloquence, effectively demonstrate remorse and plead for leniency, while others squander the opportunity by engaging in malevolent recriminations and remorseless refusals to accept responsibility. The wisdom or folly that an accused evinces in deciding what to say in an unsworn statement does not diminish his or her right to say it.

United States v. Macias, 53 M.J. 728, 729 (A.C.C.A. 1999).

Actually that's not completely true, there are limits to what can be said in an unsworn statement. This came up for us recently in wanting to tell the members that the client's conviction at special court-martial of a domestic violence charge subjected him to Lautenberg issues and concerns. [n.1] The military judge allowed it.

Giles update

March 30, 2009 | The Law Office of Philip D. Cave

Courtesy of FederalEvidence blog we have an update on Giles.

In Giles v. California [documents at SCOTUSWiki], the Supreme Court [Giles the opinion] considered the application of

the forfeiture by wrongdoing exception under the Confrontation Clause and likely Crawford v. Washington,

Where’s the court going

March 29, 2009 | The Law Office of Philip D. Cave

David G. Savage, Who's Policing the Fourth Amendment? Two cases push the unevenly enforced exclusionary rule closer to repealABA Journal, April 2009. Another writer musing on the potential demise of the Fourth Amendment as we thought we knew it.

Expectation of privacy in cyberspace

March 29, 2009 | The Law Office of Philip D. Cave

Here is an interesting piece from Wired. Bruce Schneier, Security Matters, Wired, 26 March 2009.

The piece talks about the challenges of maintaining privacy and a "Katz" level of privacy in an increasingly wired society.

In the United States, the concept of "expectation of privacy"