The February Army Lawyer is on-line. There are four articles of interest to military practitioner's.
| 2008 New Developments in Self-Incrimination | |
| New Developments in Sixth Amendment Confrontation and Jurisdiction | |
| Building a Better Mousetrap or Just a More Convoluted One?:A Look at Three Major Developments in Substantive Criminal Law | |
| “Planning is Everything” Purpose Driven Trial Preparation |
Just when you were starting to worry that there wouldn't be work —
along comes DoD with a new policy about officer and senior enlisted
civilian misconduct. The policy requires that officers and senior
Here is John
C. Yoo's October 23, 2001 memo on the use of U.S. troops to conduct
military warrantless raids inside the U.S. here.
[I quote] If you’re a briefwriter who, for
whatever reason, rarely gets the opportunity to present oral argument,
take heart in this quotation by a Fifth Circuit legend:
Prof. Colin Miller has published an article about Fed. (Mil.) R. Evid. 606. Prof. Miller argues that, "Rule 606(b) to preclude
allegations of juror bias violate criminal defendants' right to present
a defense."
For those for who baseball is a drug, here is a good piece from Federal Evidence Review. Not only is this a baseball story, but it also has some teaching points about the law of evidence in drug prosecution cases.
On Eve Of The Barry Bonds Perjury Trial, Government Appeals Evidence Ruling, FER, 2 March 2009.
Psychology & Crime News has an interesting post about forensic linguistics in crime detection. Using forensic linguistics in the criminal justice system, P&CN, 28 February 2009.
John Olsson of the Forensic Linguistics Institute is one of the UK’s most experienced forensic linguists, with over
300 criminal cases in his portfolio. He kindly agreed to answer a few
United States v. Hayes, __ U.S. ___ , No. 07–608, decided 24 February 2009. The Supreme Court has resolved a issue relating to qualifying convictions for firearm possession prohibitions post-conviction.
I am in the middle of final preparations for trial this week on a domestic assault SPCM, so I was particularly drawn to this new opinion. The client is charged with assaulting "Mrs. X." But what if he'd been charged with assaulting "X." Even though the surnames are the same? What if the spouse in my case retained her unmarried name so client X was accused of assaulting Y?
The Supreme Court will soon hear oral argument in United States v. Denedo. There has been plenty of discussion on this case. See CAAFLog. The underlying issue for trial defense counsel relates to claims of IAC in regard to immigration status advice upon conviction. The issue at the Supreme Court is an important one regarding CAAF's authority and jurisdiction to issue writs of coram nobis.
In 2008, there were roughly 37,000 non-U.S. citizens currently serving in the military, according to U.S. Congress statistics. See Defense Link, 14 April 2008. In 2008, Secretary of Defense "Gates noted that nearly 43,000 men and women in uniform have become U.S. citizens since Sept. 11, 2001." See Defense Link, 23 October 2008. Here is a potential resource for the future.
The Criminal Lawyer’s Guide to Immigration Law: Questions and Answers Second Edition, By Robert James McWhirter
Court-Martial Trial Practice Blog
