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According to the Honolulu Star Bulletin: Question: It has been almost three years since 1st Lt. Ehren Watada refused to join his Stryker Brigade Combat Team when it deployed to Iraq from Fort Lewis, Wash. What is his status? Answer: The Army says it is still awaiting a decision from newly appointed U.S. Solicitor Elena…

Here is a link to an event at Washington College of Law, sponsored by NIMJ. Public Trials? Lifting the Veil on Military Courts-Martial. Date: 04/14/09 Times: 11:00AM – 01:00PM

Slightly off message, but in light of the attention given to collateral consequences of a court-martial conviction and my earlier comment about impact on clearances, perhaps there is no impact. Del Quinten Wilber, Security-Clearance Checks Eyed, Washington Post, 9 April 2009.

No. 08-0707/AF. U.S. v. Calvin J. WHEELER Jr. CCA 36796. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is noted that the Court of Criminal Appeals has not had the opportunity to complete its review of this case under Article…

The Supreme Court issued a decision today in Corley v. United States. The SCOTUSWiki documentation. The decision in Corley. This may have some impact on military “confessions” and situations. It’s a McNabb / Mallory issue. The question here is whether Congress intended 18 U. S. C. §3501 to discard, or merely to narrow, the rule…

1 April 2009: No. 09-5001/MC. United States, Appellant v. Matthew T. BURK, Appellee. CCA 200800146. On March 4, 2009, the United States filed a motion for enlargement of time in which to file a certificate of review in the above-captioned case. The Court granted that motion to March 30, 2009 (Daily Journal, March 10, 2009).…

Here’s a short article on two cases pending at the Supreme Court, Montejo v. Louisiana and Kansas v. Ventris. Bidish J. Sarma, Robert J. Smith, & G. Ben Cohen, Interrogations and the Guiding Hand of Counsel: Montejo, Ventris, and the Sixth Amendment’s Continued Vitality, Northwestern L. Rev. Colloquy, 3 April 2009.

Norman C. Bay, Old Blood, Bad Blood, and Youngblood: Due Process, Lost Evidence, and The Limits of Bad Faith, 86:2 Washington Univ. L. Rev. (2008). Major General Charles J. Dunlap, Jr. & Major Linell A. Letendre, Military Lawyering and Professional Independence in the War on Terror: A Response to David Luban, 61:2 Stanford L. Rev.…

Here is the intro from Kent Scheidegger of CrimeandConsequences blog. To refute the notion that freedom of speech or the press is absolute, a common device is to cite a hypothetical of spoken or written words that everyone with sense would agree can be prohibited. The most famous is Justice Holmes’s example in Schenk v.…

Here’s a good reminder from Jon Katz and his blog. After practicing criminal defense for many years, a lawyer can get jaded by some of the more cockamamie-sounding urgings from clients, including the absence of fingerprints when ten witnesses and five videocameras caught the double-killing, and the shooting defendant was then tackled and held until…