Articles Posted in Sex Offenses

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…

The CGCCA has decided United States v. Molena. Before this Court, Appellant has assigned the following four errors: I. Appellant was denied effective counsel when his attorney erroneously informed him that he would not need to register as a sex offender. II. The bad-conduct discharge is an inappropriately severe sentence. III. Defense counsel’s failure to…

I take some back, almost. Again I was looking at the NKO Criminal Law Division’s practice tips and I came across this one dealing with the ““Blackout” defense to alcohol facilitated sexual assault.” No, it’s not. This title implies that the accused has deliberately gotten the complaining witness drunk. This is not the case in…

Gates: DOD will comply — cautiously — with any “Don’t ask” order, reports Stars & Stripes.

Here is an interesting CAAF grant in a Coast Guard case. No. 08-0719/CG. U.S. v. Webster M. SMITH. CCA 1275. Review granted on the following issue: WHETHER THE MILITARY JUDGE VIOLATED APPELLANT’S CONSTITUTIONAL RIGHT TO CONFRONT HIS ACCUSERS BY LIMITING HIS CROSS-EXAMINATION OF [SR], THE GOVERNMENT’S ONLY WITNESS, ON THREE OF THE FIVE CHARGES. Appellant…

First Person Civilly Committed as Sexually Dangerous Person Under AWA, Sex Crimes blog, 13 February 2009. Professor Yung is reporting an event reported to him. This is worth reading. I’ve had at least one prior child pornography client picked up while on parole for hanging around children in a local child’s play-park. To commit an…

The NMCCA has heard oral argument and has a case pending which challenges the constitutionality of the “new” Article 120, UCMJ. All the other Service CCA’s or MJ’s to consider this issue have found the statute constitutional. The MJ’s have taken varying approaches in the court-room though. One MJ I had ended up basically using…

United States v. Rose, __ M.J. ___, No. ACM 36508 (A.F. Ct. Crim. App. Feb. 12, 2009), has been released. Thanks to CAAFLog for early access to this important case. This is a case on collateral consequences of court-martial convictions. We’ve discussed SOR several times. The discussion of collateral consequences, especially in guilty plea cases…

Dr. Karen Franklin is one of many reporting the results of a survey in New Jersey on the effectiveness of Megan’s law. Karen Franklin, Megan’s Law: Millions for Nothing, 5 February 2009. Bottom line: Despite their enormous popularity, little research has been conducted into whether they work. Now, a federally funded study (submitted December 2008)…

Professor Yung posts and asks Which Community Standard? The question relates to purchasing of alleged obscence materials across state lines. For courts-martial, the community standard question is also important for allegations alleging indecency or obscenity. It would be beneficial for a service-member being prosecuted at court-martial for an incident in the local town to argue…