Articles Posted in Uncategorized

How many times do we hear it from clients, especially appellate clients — “I got my discharge, it’s an honorable, what do I do?” ACCA has decided that issue for Estrada, in United States v. Estrada. Appellant argues her receipt of an administratively-issued honorable discharge prior to the convening authority’s approval of her adjudged bad-conduct…

August 06, 2009 Associated Press FORT HOOD, Texas — A Soldier who refused to deploy to Afghanistan over his beliefs that the war violates international law was sentenced here Wednesday to a month in jail. Spc. Victor Agosto, 24, of Miami, pleaded guilty to disobeying a lawful order to report to a site that performs…

Here is an interesting post by Prof. Colin Miller on his EvidenceProfBlog about search incident to seizure. Arizona v. Gant: A Windfall For The Government?

Valerie Blum, Alexandra Rudolph, From the Conference Room to the Courtroom: How a Change in Setting Affects Witness Preparation, 21 The Jury Expert, July 2009.

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…

Death and Pvt Loving, 20 Jul7 2009.

Dwight Sullivan at CAAFLog has posted this: On 1 and 2 October, the Judge Advocate General of the Air Force will present a CLE conference at the George Mason School of Law in Arlington, Virginia. The program is open to active duty, reserve, and retired personnel, as well as to civilian attorneys. The program’s cost…

Scholars & Scribes Review the Rulings: The Supreme Court’s 2008-2009 Term July 17, 2009, 10:00 a.m. – 1:00 p.m; Location: The Heritage Foundation’s Allison Auditorium. Directions.

The officers had PC for a vehicle search based on their surveillance, so Gant has no application. United States v. Almaraz, 2009 U.S. Dist. LEXIS 54138 (S.D. N.Y. June 26, 2009).* The stop in this case was not unreasonably extended. The officer’s questioning during the writing of the ticket led to answers that were more…

Drug ‘em if you’ve got ‘em. I’ve argued often that the military drug policy is broken: Alcohol the number one drug of abuse — a killer, a cause of injury, and a cause of physical damage and loss of military property — goes relatively free from regulation and consequence, military pharmacies distribute millions of prescription…