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The title of a post on Military.com, September 23, 2009, by Ben Avey

YOKOSUKA, Japan – The Naval Criminal Investigative Service (NCIS) Far East field office has started a public information campaign to get the word out about rewards for information leading to the arrest and conviction of a person who commits or conspires to commit espionage. The rewards can run as high as $500,000.

In light of this incident – –

Feds: NC terror suspects targeted US military

file photo provided by the Department of Justice, Daniel Patrick Boyd is shown.

By MIKE BAKER, Associated Press Writer Mike Baker, Associated Press Writer

RALEIGH, N.C. – Two North Carolina terrorism suspects plotted to kill U.S. military personnel and one of them obtained maps of a Marine Corps base in Virginia to plan an attack, prosecutors said Thursday.

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This is the title of a comment on Cory Yung’s Sex Crimes blog.

SCOTUSblog’s recent Petitions to Watch post, which lists cases that might be heard by the U.S. Supreme Court, includes a case raising constitutional issues with SORNA. The case, which we previously blogged about, is from the Seventh Circuit with an opinion by Judge Posner. You may view the opinion here and the petition for writ of certiorari here.

The issue the very important one of retroactivity.  I’ve had a number of clients or former clients contact me about the retroactive application.

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Pretty easy right?  You do, you don’t.
Ohio Sex Battery Not A ‘Crime of Violence’?

Professor Jonathan Adler over at the Volokh Conspiracy has a post discussing the Sixth Circuit’s decision in United States v. Wynn, where a divided panel found that a defendant’s guilty plea to “sexual battery” under Ohio law was a not “crime of violence” for career offender purposes. You may read the Sixth Circuit’s decision here. From a post entitled Is “Sexual Battery” A “Crime of Violence”?:

The question would seem to answer itself. Isn’t "sexual battery," almost by definition, a violent act? That was my initial reaction when I read the opening of United States v. Wynn, a decision handed down by the U.S. Court of Appeals for the Sixth Circuit. Yet as it turns out, the question is not so simple, at least not given the relevant statutes and case law, and it divided the Sixth Circuit panel.

/tip Cory Yung’s excellent site on Sex Crimes.

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Is a staff report filed Thu Sep 24, 2009, on FayObserver.com

The general court-martial for one of seven paratroopers accused of accidentally killing a fellow soldier is slated to begin Monday.

Sgt. Justin A. Boyle is the first service member to be tried in the death of Pfc. Luke Brown. Three other service members have taken plea deals.

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That’s the title of an article by Jeff Stein | September 23, 2009, on CQPolitics.com

An Air Force lawyer has told Italy to lay off Col. Joseph L. Romano III, an officer caught up in a CIA counterterrorism kidnapping case.
Romano is one of 26 Americans being tried in absentia by Italy on kidnapping charges in connection with the abduction of an Al Qaeda suspect known as Abu Omar, in Feb. 2003.

. . .

On Tuesday the staff judge advocate of the 31st Fighter Wing at Aviano wrote to the Minister of Justice in Rome saying that Italy does not have criminal jurisdiction over Romano under a NATO status-of-forces agreement signed by all its members in 1951.

Continue reading

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The American Psychology-Law Society is a divsion of the American Psychological Association.  They have some very good timely research in their magazine, and they try to keep track of relevant news.  Here are a couple of interesting items on their web-site.  Here are a couple of examples.

1.  Fake video footage ‘persuades half of people to wrongly accuse others of crime’

Fake video footage can persuade almost half of viewers to accuse people of crimes they have not committed, new research suggests.   The study, by Warwick University, found that almost 50 per cent of people shown false footage of an event they witnessed first hand were prepared to believe the video version rather than what they actually saw.

Continue reading

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This “issue” or question would be addressed to all of those parents across the country who like to take pictures of their young children.  The answer could be that maybe you shouldn’t.

1.  Bath Photos & Wal-Mart: What is Child Pornography?  By Caleb Groos on September 22, 2009, on FindLawBlotter.

An Arizona couple had to regain custody of their children after Wal-Mart employees and local authorities deemed their bath time photos child pornography. Their horror story has many wondering: what exactly constitutes child pornography?

Continue reading

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Is the title of an article in the Cape May County Herald, by Jack Fichter

CAPE MAY- A special court martial was scheduled for Tuesday Sept. 22 for Petty Officer Francisco Thompson who is charged with violating 14 punitive Articles of the Uniform Code of Military Justice.
The hearing was scheduled to begin at 9 a.m. but was delayed until 1 p.m. as attorneys discussed a motion, according to Coast Guard spokesperson Chief Petty Officer Veronica Bandrowski.

Thompson is an E5 Petty Officer Second Class, Aviation Maintenance Mechanic. The charges involve consensual sex with a recruit, according to Bandrowski.

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