Articles Posted in Uncategorized

United States v. Goode, No. 07-2269, 2009 U. S. App. LEXIS 2471, unpublished op. (3d Cir. 9 February 2009).

The interesting point for this case is that the court found that telling a person to stop, ordering them to lie on the ground, and placing them in handcuffs is merely an investigative "stop."  Once additional evidence is developed then the person can be arrested and then searched incident to arrest.

Fortunately this is not a situation likely to occur in military cases on base.  But the case is interesting to read for a reminder of searches incident to arrest.

United States v. Gross (Military Judge), Army Misc. 20081049 unpublished op. (A. Ct. Crim. App. 9 January 2009).  [When you get to the court site, go to the "summary dispositions – by date" page.]

This case is a government petitione for an extraordinary writ (not listed in the Denedo pleadings at the Supreme Court as a overusage of the All Writs Act?).

David Mills hosts a fabulous blog — Courtoons.

Join him at his site daily. 

Evan Knappenberger, Acknowledge soldier's right to object, Seattle PI.com, 9 February 2009.

Mr. Knappenberger is described as, "an Iraq War veteran and a Davis-Putter Scholar at Whatcom Community College in Bellingham."

He argues that war objectors should be treated the same as conscientious objectors.

Andrew Gilmore, Mexico publishes law establishing database of mobile phone users, Paper Chase, JURIST, 10 February 2009.

CAAFLog has noted that NMCCA has scheduled oral argument in United States v. Craig, No. NMCCA 200800716

The two issues are:

I. WHETHER THE APPELLANT’S GUILTY PLEA TO DISTRIBUTION OF CHILD PORNOGRAPHY WAS IMPROVIDENT, AS THERE WAS NO EVIDENCE THAT APPELLANT DELIVERED ANY UNLAWFUL IMAGES TO ANYONE?

The Air Force Court of Criminal Appeals updated their opinions today.  Several may have value for discussion, more later.

Earlier I posted an item on how to interpret email headers.

Here is an interesting article about the email headers — metadata.

Tresa Baldas, Metadata Grows in Legal Import, The National L. J., 26 January 2009.

It occurs to me that most suspects interrogated by NCIS, CID, OSI, CGIS, have never seen the "rights' form they have you sign.  So if you've not seen it in advance, it's harder to know what it is and how to complete it.

Here is an example, and it is pretty uniform across the Services although the example is Army.

Read it now, see where the check marks are, and exercise those rights.

As a result of the current National Guard and Reserve activations I, like many of my colleagues, find ourselves representing Guard or Reserve clients at court-martial.  From time to time they ask if they can have Guard or Reservists on their Members Panel (jury).  The answer is no they can't require Guard or Reserve panel members, unlike in administrative discharge boards.

CBC News, Lawyer challenges jury selection at N.S. soldier's court martial, 6 February 2009.