Court-Martial Trial Practice BlogThe Supreme Court issued a decision today in Corley v. United States.
The SCOTUSWiki documentation.
The decision in Corley.
Articles Posted in Uncategorized
Burk
1 April 2009:
No. 09-5001/MC. United States, Appellant v. Matthew T. BURK, Appellee. CCA 200800146. On March 4, 2009, the United States filed a motion for enlargement of time in which to file a certificate of review in the above-captioned case. The Court granted that motion to March 30, 2009 (Daily Journal, March 10, 2009). On March 31, 2009, the United States filed a notice of intent not to certify this case to the Court of Appeals for the Armed Forces. In view of this notice, it is, ordered that the above captioned case is hereby removed from the Court’s docket.
Here is the CAAFLog discussion of Burk.
Fifth and Sixth Counsel Right
Here’s a short article on two cases pending at the Supreme Court, Montejo v. Louisiana and Kansas v. Ventris.
Bidish J. Sarma, Robert J. Smith, & G. Ben Cohen, Interrogations and the Guiding Hand of Counsel: Montejo, Ventris, and the Sixth Amendment's Continued Vitality, Northwestern L. Rev. Colloquy, 3 April 2009.
Readings
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
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
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.
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.
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.
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?
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.