Well, that may be anti-climatic? I think the Supremes punted. Here’s a link to the Briscoe memorandum opinion, more later.
PER CURIAM. We vacate the judgment of the Supreme Court of Vir-ginia and remand the case for further proceedings not inconsistent with the opinion in Melendez-Diaz v. Massa-chusetts, 557 U. S. ___ (2009).
Fort Lewis case of the soldier accused of causing the death of his 16 year old girlfriend with a drug overdose.
A 20-year-old Fort Lewis soldier has been found guilty of involuntary manslaughter in the overdose death of his 16-year-old girlfriend in his barracks.
A military judge ruled Friday that Pvt. Timothy Bennitt was guilty of “aiding and abetting” Leah King’s wrongful use of the painkiller oxymorphone and anxiety pill Xanax.
Here’s a catch-up on some recent news items.
CAAF, ACCA, and CGCCA have issued some published opinions. Thanks CAAFLog for the following items on cases.
United States v. Franklin, __ M.J. ___, No. ARMY 20090035 (A. Ct. Crim. App. Jan. 20, 2010) (per curiam). The opinion is available here.
A challenge to the Stolen Valor Act is being made based on the First Amendment.
Rick Strandlof may have lied about being a decorated Iraq War veteran, but those lies are protected by the First Amendment, according to his attorney and a civil liberties organization.
Would you trust this man in a foxhole?
Army authorities are now claiming that Galesburg soldier Spc. Billy Miller had [AP] on his computer as well as alleged [CP] . Miller’s tour in Afghanistan has been involuntarily extended by the army while it investigates charges of possession of [CP] and failing to obey a general order. . . . But now military officials say the failing to obey a general order charge relates to pornography involving adults found on the Illinois National Guard soldier’s computer. Soldiers are not allowed to possess pornography in Afghanistan[.]
Galesburg.com reports.
A child pornography charge and a related count filed against an Illinois Army National Guard soldier in Afghanistan do not stem from family photos of a young relative, a U.S. Army spokesman told The Associated Press on Tuesday. . . . "In this case however, it was important to set the record straight with regards to the photos of the (relative) being portrayed as evidence leading to [CP] charges in this case. They are not," Clementson wrote.
Does it exist or not. Here are a couple of news articles about a pending case in Fairfax, VA.
Shaken baby syndrome itself is put on trial in Fairfax court
Three interesting grants from CAAF in the last few days.
No. 07-0401/NA. U.S. v. Russell B. MULLINS. CCA 200200988. Review granted on the following issues:
WHETHER THE LOWER COURT IN HOLDING THAT THERE WAS NOTHING IMPERMISSIBLE IN THE MILITARY JUDGE ALLOWING THE GOVERNMENT TO INTRODUCE LIE DETECTOR TESTIMONY IN VIOLATION OF MILITARY RULE OF EVIDENCE 702.
Here is a case from federalevidence.com:
Supervisor expert testified about his role in the peer review process; passing reference to the testing chemist’s conclusion did not violate the Confrontation Clause; circuit also distinguishes Melendez-Diaz v. Massachusetts, 557 U.S. __, 129 S.Ct. 2527 (2009), in United States v. Turner," _ F.3d _ (7th Cir. Jan. 12, 2010) (No. 08-3109)
A recent Seventh Circuit case revisits the issue of expert testimony which refers to the analysis of another expert. Is the Confrontation Clause violated when a supervisor testifies about the peer review process, his role in confirming reviewing the test results, and the initial results of another chemist? On the fact of the case, the circuit concluded there was no constitutional violation.
Here is a little more information about the NG soldier held in Afghanistan pending court-martial for alleged CP sent to him by his mother.
The family of an Illinois National Guard soldier believes he was wrongly accused of possessing child pornography by a friend he had recently argued with.
Rodney and Terri Miller told the Galesburg Register-Mail that their son, Specialist Billy Miller, had a falling out with a friend Afghanistan, and the friend subsequently reported seeing inappropriate pictures on Billy Miller’s laptop.
USA Today reports the LTC shoplifting case:
A U.S. Army lieutenant colonel facing court-martial on a shoplifting charge blames the Army for mistakenly reducing the medicine he takes to curb his urge to steal.
Army Times reports:
Court-Martial Trial Practice Blog
