Articles Posted in Uncategorized

Don’t Ask, Don’t Tell
Philip D. Cave

Here is information concerning President Obama’s recent comments on DADT. Obama urges lesbian, gay patience overturning ‘unjust laws’ (text from the L.A. Times) Remarks by President Obama at the LGBT Pride Month White House Reception, June 29, 2009. Here is Volokh Conspiracy’s multiple choice test on the comments. To deal with this grave and urgent…

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Life sentence.
Philip D. Cave

Abu Ghraib Scandal Haunts Lynndie England June 29, 2009 Associated Press KEYSER, W.Va. – More than two years since leaving her prison cell, the woman who became the grinning face of the Abu Ghraib prisoner abuse scandal spends most of her days confined to the four walls of her home.

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Post-Rodriguez
Philip D. Cave

This seems to be the another post-Rodriguez case in which a petition has been denied. No. 09-0030/AR. U.S. v. Josh R. RITTENHOUSE. CCA 20050411. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals and in light of United States v. Rodriguez, 67 M.J.…

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Custodial and civilian interrogations
Philip D. Cave

Here is a link to CAAF’s new decision in United States v. Chatfield. The opinion is valuable for three issues: what is custody, what is coercion, and a reminder to consider jointness of military and civilian investigations. When does a superiors words of actions create a custodial interrogation situation or make a person’s waiver of…

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Recording confessions.
Philip D. Cave

Here’s Stan Walters on the issue: We need to start recording ALL interrogations, stop the abuse of the criminal justice system, and ALWAYS blame the cop first if the bad guy confesses, gets convicted or if Grandma gets tazed because she failed to follow a lawful order and resisted arrest. Juries and ESPECIALLY the public…

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No surprise
Philip D. Cave

Alcohol Abuse on Rise Among Soldiers June 20, 2009 Agence France-Presse Nearly twice as many US Army Soldiers today compared to six years ago are either alcoholic or engage in damaging behavior such as binge drinking, according to army statistics. Data shows more than 11 Soldiers per 1,000 were diagnosed as suffering from alcoholism or…

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CLE Opportunity.
Philip D. Cave

If you’re a lawyer looking for first-rate appellate CLE, then please consider registering for the DRI Appellate Advocacy Seminar, to be held November 5–6, 2009 in La Jolla, California (near San Diego), at the Hilton La Jolla Torrey Pines. the (new) legal writer.

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Reporter must testify.
Philip D. Cave

A reporter for The San Diego Union-Tribune will have to testify as a defense witness in a court-martial, a military judge ruled Monday. In his 12-page ruling military judge Cmdr. Kevin O’Neill rejected Rogers’s attempts to assert a First Amendment-based reporter’s privilege and protection under the California shield law. O’Neill said he did not need…

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A Crawford case of interest
Philip D. Cave

While we are all waiting with bated breath – now Denedo is out – for Melendez-Diaz, Professor Freidman has posted on an interesting Supreme Court of Michigan case interpreting Crawford/Davis. People v. Michigan, (Mich. 10 June 2009). Interestingly, the prosecution in the case asserted the statements of the victim were admissible as excited utterances, and…

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