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Karen Franklin reports a “guest” piece, by Prof. Mnookin, Professor and Vice Dean, UCLA Law School. See actually, Jennifer L. Mnookin, Clueless ‘science,’LA Times, 19 February 2009. The article is about the congressionally funded National Research Council report on forensic science (look to my earlier posts). Several points that have been on my mind for…

Prof. Colin Miller, The Bloodhound Gang: Detroit Free Press Article Addresses Admissibility Of Bloodhound Tracking Evidence, EvidenceProf Blog, 19 February 2009. Professor Miller notes the majority rule that courts generally admit evidence that bloodhounds tracked down a defendant. The minority rule is that such evidence is per se inadmissible because: (1) the actions of the…

There has been much discussion about electronic filings in military appellate litigation. Some of that has been generated because of how civilian courts operate electronically. And of course, more recently as a result of the supposed missed deadline brouhaha in United States v. Rodriguez. CAAFLog has much information on these two issues (if my link…

Those with an interest in forensics have been waiting for the much touted National Research Council report on the state of “forensic science” in the U.S. The National Association of Criminal Defense Lawyers has this to say: Finding an inconsistent system rife with “serious deficiencies,” lacking practitioner and laboratory independence, standards, oversight, and certification, the…

MAJ Joel P. Cummings, Is Article 125, Sodomy a Dead Letter in Light of Lawrence v. Texas and the New Article 120? The Army Lawyer, January 2009.

United States v. Bell, No. 06-4413, 2009 U.S. App. LEXIS 2901 (6th Cir. 17 February 2009). Recently published, this case is a decent primer on automobile stops with drug dog sniffs: what turns a traffic stop into a seizure, etc.

Do you have clients who want to know about search warrants or authorizations, and do you want information and access? Well of course. Here’s an interesting case which raises the issue of access to search warrant materials pre-indictment under the Fourth Amendment — or in the military pre-preferral. If the premise of the case is…

As noted earlier, the Smith Amendment was changed recently. An astute reader has provided a new name for us — the commenter refers now to the “Bond Amendment.” Instead of the old Smith Amendment at 10 U.S. Code 986, the new law on security clearances for persons sentenced to confinement or certain punitive discharges is…

Some snippets from cases released to LEXIS. Plain view. Under the plain view doctrine, evidence may be seized without a warrant if the following three conditions are met: “(1) ‘the officer did not violate the Fourth Amendment in arriving at the place from which the evidence could be plainly viewed,’ (2) the object’s incriminating character…

Greg Bruno, Backgrounder: Closing Guantanamo, Council on Foreign Relations, 12 February 2009. You will notice a reference to trial by court-martial under the UCMJ. Some, including legal experts with the Congressional Research Service, suggest the current UCMJ structure might run counter to constitutional protections such as the right to a speedy trial. Good question. How…