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A search warrant for drugs and possible records of drug sales did not permit officers to enter defendant’s computer where the execution of the warrant produced no evidence of drug sales on the premises. (There was also a Franks violation because the officer represented a neighbor’s report of drug use and drug sales, but the remainder of the affidavit showed PC. Child porn was found on the computer.) United States v. Payton, 07-10567 (9th Cir. July 21, 2009).

/tip to fourthamendment.com blog for reporting this case.

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Seventh Circuit determines that admission of an audiotape of robbery defendant beating and threatening the life of a potential witness was a “close[ ] call” but that its probative value in suggesting defendant’s guilty conscience “cannot be genuinely disputed” and that this evidence was not unfairly prejudicial despite the fact that one could hear the sounds of the beatings on the recording, in United States v. Calabrese, __ F.3d __ (7th Cir. July 14, 2009) (No. 08-2861).

/tip FederalEvidenceBlog.

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Confession(s) To Make: Florida Court Orders Separate Trials Of Former Football Players Based Upon Bruton Issues

In Bruton v. United States, 391 U.S. 123 (1968), the Supreme Court held that when there is a joint trial of a defendant and a co-defendant, the admission into evidence of the non-testifying co-defendant’s out-of-court confession violates the Confrontation Clause of the Sixth Amendment if the confession incriminates the other defendant. This so-called "Bruton doctrine" explains why former high school football players in Bradenton, Florida were informed on Friday that they will have separate murder trials.

I remember in 1980 appearing with 11 other defense counsels and eight accused for a joint Article 32, UCMJ, hearing.  Ultimately each of the cases was dealt with individually through dismissal of charges, PTA’s, trials.

I’m sure there have been some other joint Article 32, UCMJ, hearings.  But, I think correctly, you aren’t going to see many if any joint trials.  The piece by Professor Colin Miller indicates one of the problems often found in joint trials.

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Court martial set Monday for autistic Marine, plea bargain likely

A court martial is set for [this past] Monday at Camp Pendleton for a 21-year-old Marine from Orange County accused of desertion, possession of child pornography and fraudulent enlistment.

The case will likely end up in a plea bargain with the Marine admitting guilt to one or more charges in exchange for being released from the brig and discharged from the Marine Corps under something less than honorable conditions.

Like civilian justice, the court martial system encourages plea bargains to avoid trials, particularly in cases where the accused has already spent significant time in custody. Pvt. Joshua Fry has been in the brig since being arrested a year ago attempting to desert.

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