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Here is the oral argument transcript from United States v. Denedo, argued at the Supreme Court this week. Also, here is the link to CAAFLog’s review of the argument.

One of my favorite newspapers, The Onion, has this comment on Stop-loss from the person in the street.

I’ll use the posting of JURIST to indicate that: The US House Judiciary Committee [official website] on Wednesday approved a bill HR 951 that would limit the government’s ability to compel reporters to disclose confidential sources. Under the terms of the Free Flow of Information Act of 2009, parties seeking the identity of confidential sources…

tip: to Crime & Consequences, who gives a Hat tip to Howard Bashman at How Appealing for his post reporting on an audio segment on NPR’s “Day to Day” discussing the reliability of eyewitness identification in criminal trials. The segment, from Slate.com writer Dahlia Lithwick, dicusses research from Gary Wells and Deah Quinlivan. Wells is…

United States v. Pitcher, 05-3182r, 2009 U.S. App. LEXIS 5103 (2d Cir. March 11, 2009). In this case appellant claimed IAC. He claimed on direct appeal that he wouldn’t have plead not guilty, but for the overly rosy picture of his chances of success painted by his trial defense counsel. He lost. So he took…

Entitled as a “shameless plug” Mike Navarre is moderating a 1.5 hr CLE tomorrow. Here, shamelessly, is the whole item lifted. Last chance to register for the on-line ABA-CLE tomorrow on Criminal Accountability for Civilians in the Battle Space. The program will cover the application of amended Art. 2(a)(10), UCMJ to civilians and US government…

No. 09-0185/AR. U.S. v. Makisha I. MORTON. CCA 20060458. Review granted on the following issue: WHETHER, AFTER FINDING THE EVIDENCE FACTUALLY INSUFFICIENT TO SUPPORT A FINDING OF GUILTY TO THE ADDITIONAL CHARGE AND ITS SPECIFICATION (FORGERY), THE ARMY COURT ERRED IN FINDING APPELLANT GUILTY OF A LESSER INCLUDED OFFENSE ON A THEORY NOT PRESENTED TO…

A little off topic, but I thought sufficiently interesting for a military justice audience. Martha Neil, DOJ Files USERRA Suit Against Indiana Law Firm, ABA Journal Law News Now, 16 March 2009. Referenced is another: Matthew Whittle, lawsuit involving braswell and former magistrate settled, Goldsboro News-Argus (on-line), 8 March 2009).

Yes, this is a story of some naval police who sued the DON for using real live “pepper” spray to have realistic training. It’s possible these are civilian police employed by DON.

Here are several articles of some interest. Roger P. Alford, International or Foreign Law as an Interpretive Aid in Supreme Court Jurisprudence, 9(3) Engage 79 (October 2008). Tom Gede, Kent Scheidegger, Fon Rychlak, The Supreme Court’s 21st Century Trajectory in Criminal Cases, 9(3) Engage 44 (October 2008). David E. Bernstein, The Unfinished Daubert Revolution, 10(1)…