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Philip D. Cave

I mentioned an article yesterday about the court-martial of a New Zealand army officer. I wondered if you’d noticed the same thing. What’s the officers name? The question relates to how other countries deal with trial by media.

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All a twitter
Philip D. Cave

Justice Souter’s nomination, although apparently predictable, is in the news. Here is an interesting perspective on how his retirement and Senator Specter’s “defection” may impact the nominee to replace Justice Souter and all of the administrations future judicial nominations. Prof. Michael C. Dorf, How Specter’s Defection Could Make it Harder to Confirm Pres. Obama’s Judicial…

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Authoritative citation to authority
Philip D. Cave

The Kansas Court of Appeals continues the tradition of citation to anecdotal legal authority. See The cult of Sir Cloudesly Shovell, CAAFLog, 21 April 2009. It appears that the Kansas Court of Appeals cited the little watched short running show “Branded” as a basis to overturn a trial judges requirement that a convicted child abuser…

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What is a seizure of the person
Philip D. Cave

Here is an article brought to our attention by FourthAmendment.com. A thoughtful article about the Supreme Court’s “seizure” doctrine, so much a part of the all encompassing reasonable suspicion standard, by David K. Kessler is Free to Leave? An Empirical Look at the Fourth Amendment’s Seizure Standard, 99 J. Crim. L. & Criminology 51 (2009).…

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Torture memos
Philip D. Cave

With the increasing release of information regarding the who, what, when, where, of torture approvals comes the need to relook at the court-martial convictions of the low level military personnel who executed the policy. A policy that at the time of the trials was denied, hushed up, or ignored. We don’t have to excuse them,…

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Naval Academy court-martial
Philip D. Cave

A Naval Academy midshipman is scheduled to be court-martialed Tuesday at the Navy Yard in Washington on theft and related charges, the school announced Friday. Midshipman 1st Class Julia Kaelberer, of Rialto, Calif., has accepted a plea agreement and will face charges of theft, unlawful entry, making false official statements and conduct unbecoming an officer,…

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Now what
Philip D. Cave

The US Marine acquitted on appeal in a high-profile rape case has left the Philippines, but he could face court martial in the US, officials said. “Following the decision of the Philippine Court of Appeals, Daniel Smith departed the Philippines under the authority of United States military officials,” the US embassy said in a statement.…

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