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Following on the heels of NCIS’s recent testing of video-taping interrogations, it appears that OSI will start recording confessions. Starting on 1 October, Air Force OSI will, as a matter of policy, make a video recording of ”subject interviews.” Recording of witness and vicitm interviews will be optional. /tip CAAFLog.

AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY Formal Opinion 09-454 July 8, 2009 Prosecutor’s Duty to Disclose Evidence and Information Favorable to the Defense Rule 3.8(d) of the Model Rules of Professional Conduct requires a prosecutor to “make timely disclosure to the defense. This ethical opinion reinforces the rule that the prosecutors…

Here is an interesting case from the 9th Circuit on computer searches. There may be some applicability here to military computer searches. The opinion is written by the well respected Judge Kosinski. CA9: Balco en banc: Computer search under Tamura not an excuse for a plain view; there has to be limits The Ninth Circuit…

SOR seems to be a current topic, here is a new post from Prof. Yung: Another Free Exercise of Religion Issue for a Sex Offender These days, sex offenders can’t even go to church in some areas. Not long ago the State of Georgia enacted a law prohibiting sex offenders from volunteering at church. Now…

The issue of post-trial delay and prejudice is on the front burner again as a result of CAAF’s decision in United States v. Bush. Here is a repeat of part of a post of mine from April 2008. 1. After trial — sit down with the client and explain the post-trial process specific to the…

Recently CAAFLog had a discussion about military appellate cases and publication or non-publication. PACER is a pay to use system that allows access to lots of federal courts documents that are “publically available” but at a fee. Recently a technology blogger I follow FutureLawyer had a comment about RECAP and PACER. Now here is another…

Justice delayed is….oh, never mind That business about justice delayed being justice denied apparently has a statute of limitations. At least, that must be the way it seems for Marco A. Bush, a former private first class in the Marine Corps. I like to read S&S because of their ability to reduce an issue to…

With several military personnel on death row and in the federal appeals/habeas process, and several death referred cases pending, here is an interesting article on some federal judges pushing back on limits on appeals. Limits On Death Penalty Review Sparking Judges’ Dissents Posted Aug 14 2009 – A study by The New York Times reveals…

Army reduces soldiers’ murder sentences By Seth Robson, Stars and Stripes Mideast edition, Saturday, August 15, 2009 GRAFENWÖHR, Germany — The life sentence of a U.S. soldier convicted for the execution-style killings of four bound and blindfolded Iraqi detainees has been reduced to 40 years, military officials announced Friday. . . . Hatley is the…

The ACCA has overturned the conviction of Private Simmons because the judge erroneously failed to dismiss the charges for an Article 10, UCMJ, violation. Here is the link to the unpublished opinion, Judge Ham writing for the court. United States v. Simmons, ARMY 20070486 (A. Ct. Crim. App. 12 August 2009). A military judge sitting…