The government [just barely] showed that the drug dog and the handler were "well qualified" (Illinois v. Caballes). While the dog was certified through 2006, it was not certified since, but its general reliability was enough. [Essentially, the handler can make the dog qualify by testifying to a good track record.] United States v. Colon-Arenas, 2009 U.S. Dist. LEXIS 77953 (N.D. Ind. August 25, 2009).
/tip fourthamendment.com.
The Air Force says an Alaska-based airman has been sentenced to 90 days confinement and 90 days hard labor for malingering — intentionally hurting oneself to avoid deployment.
Army Times, 3 September 2009.
Former Petty Officer 3rd Class Joseph Rocha says he suffered post-traumatic stress disorder after being physically and sexually abused by fellow sailors over a two-year period. But after a Navy investigation into widespread hazing allegations within the unit, the only sailor discharged was Rocha, because he also admitted that he is gay.
Stars and Stripes
Pacific edition, Saturday, September 5, 2009.
TOM ROEDER, THE GAZETTE
An Air Force Academy major on trial this week for rape has pleaded guilty to several related crimes.
Maj. Barry N. Nixon is disputing the rape claim brought by a girl over an assault she says occurred five years ago in Germany. A court-martial panel was hearing arguments in that case earlier today.
Nixon has pleaded guilty to indecent acts upon a child and two assault counts — crimes that could bring a maximum of 14 years in prison and discharge from the Air Force.
By Leo Shane III, Stars and Stripes, Mideast edition, Thursday, September 3, 2009
RELATED STORIES:
For those who served at Navy Appellate Defense during the 1990’s (or I suppose Appellate Government, or Code 40, or Code 20, or NMCCA, oops and CAAF), the case United States v. Zander, 48 M.J. 558(N.M. Ct. Crim. App. 1997), rev. denied 48 M.J. 18 (C.A.A.F. 1997), will mean something.
So, here are his most recent exploits.
Jeffrey Zander didn’t last long as the executive director of the Redwood Region Economic Development Commission (RREDC). He was hired in October 2008. By the following January, he had been placed on paid administrative leave. Four months later, in May of this year, he resigned, leaving behind a board of directors so cowed by the threat of litigation that most refuse to discuss the basics of his tenure — even with each other.
Here is a commentary from Prof. Colin Miller on his blog I love to read about Wuterich. He begins:
All but two states have some type of reporter's privilege. Similarly, most federal courts have recognized some type of reporter's privilege as well. But what about military courts? Well, to this point, they haven't recognized a reporter's privilege, and that did not change with the recent opinion of the United States Navy-Marine Corps of Criminal Appeals in United States v. Wuterich, 2009 WL 2730890 (N.M.Ct.Crim.App. 2009).
Prof. Miller concludes:
Here is a link to the brief in Briscoe v. Virginia. The case is a follow on to Crawford and Melendez-Diaz.
Here is the Issue as reported by SCOTUSWiki.
Briscoe v. Commonwealth of VA: If a state allows a prosecutor to introduce a certificate of a forensic laboratory analysis, without presenting the testimony of the analyst who prepared the certificate, does the state avoid violating the Confrontation Clause of the Sixth Amendment by providing that the accused has a right to call the analyst as his own witness?
The “birthers” within the military community continue their legal quest to have President Obama declared not legally president and for their orders to active duty cancelled.
Here is the initial part of a pleading filed on behalf of a medical doctor called to active duty with a 5 September report date.
Plaintiff Captain Dr. Connie Rhodes has received what appear to be facially valid orders mobilizing her to active duty with the United States Army in Iraq on September 5th, 2009 (Exhibit A). Captain Rhodes is both a US army officer and a medical doctor, a flight surgeon. On May 15th of this year 501 brigade out of Fort Campbell, KY, currently stationed in Iraq, has requested a support of medical personal in Iraq. Two days ago, August the 23rd, an order was given through the chain of command via e-mail for Captain Rhodes to arrive in San Antonio TX, Fort Sam Houston for Tactical Combat Medical Care Course (TCMC) to be held from August 30th till September 4t and next day, on September the 5th to arrive in Fort Benning in Columbus GA for immediate deployment to Iraq for a period of one year and twelve days from September 5th, 2009 until September 17th 2010. Captain Dr. Connie Rhodes wants to serve her country and fulfill her tour of duty, however as a US army officer and a medical doctor she has severe reservations regarding legitimacy of Barack Obama as the Commander in Chief and repercussions of her service under his orders, particularly in light of mounting evidence of him having allegiance to other Nations and citizenship of Kenya, Indonesia and Great Britain.
Court-Martial Trial Practice Blog
