Well, according to the military appellate courts and law, a military member can consent to a search. However, is that realistic. The military is a society that follows orders. Can the circumstances surrounding the request for a consent search be so (objectively?) onerous as to make a refusal futile. I think so. Remember how the…
Continue reading ›For many years I’ve had a small book on my shelf called How to Lie with Statistics first published in 1954. I see that it is now in a 1993 paperback edition, with pictures. Darrell Huff, How to Lie with Statistics, W. W. Norton & Company (September 1993). I am reminded of Mr. Huff’s book…
Continue reading ›Professior Miller’s blog has this topic Let’s Make A Deal: Supreme Court Of Pennsylvania Correctly Affirms Rule 410 Ruling But On Wrong Grounds.” Evidence Prof. Blog, 30 January 2009. Professor Miller argues, correctly, that the court was right, but for the wrong reason (under Federal Rule of Evidence 410, as well as the Pennsylvania Rule).…
Continue reading ›From SMART (Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking), Office of Justice Programs, Department of Justice. A Practitioner’s Guide to the Adam Walsh Act Cases Interpreting 18 USC 2250 (September 23, 2008) Sex Offender Registration Law Update #21, December 02, 2008 And much more through Professor Yung’s excellent blog site on Sex…
Continue reading ›In United States v. McPherson, CCA 20070115, No. 08-0651/AR, the court has granted the following issue. WHETHER AN HONORABLE DISCHARAGE (SIC)FROM THE UNITED STATES ARMY RESERVE WITH ACCOMPANYING ORDERS, EFFECTIVE AFTER SENTENCING BUT PRIOR TO ACTION BY THE CONVENING AUTHORITY, HAS THE EFFECT OF REMITTING THE BAD-CONDUCT DISCHARGE ADJUDGED AT THE APPELLANT’S COURT-MARTIAL AND LATER…
Continue reading ›— Or more likely you can’t un-ring the phone. United States v. Thomas, 2009 U.S. Dist. LEXIS 4389, No.08-cr-87-bbc-02 (W.D. Wis. January 20, 2009), is of interest for several reasons: the use of cellphone tracking technology, and application of the recent U.S. Supreme Court decision in Herring v. United States. First for the techies. Police…
Continue reading ›Major Tyesha E. Lowery, One “Get Out of Jail Free” Card: Should Probation Be an Authorized Courts-Martial Punishment?, 198 Mil. L. Rev. 165 (2008). Probation is not an authorized punishment that can be adjudged by the military judge or members. The author of this article advocates allowing the trial sentencer to impose “probation,” and therefore…
Continue reading ›On 3 February, the Court of Appeals for the Armed Forces will hear oral argument in United States v. Delarosa, No. 08-0390/NA [2008 CCA LEXIS 4, N.M. Ct. Crim. App. January 10, 2008)(unpub. opinion)]. The pending C.A.A.F. argument is somewhat interesting in light of the pending Supreme Court argument in Kansas v. Ventris, which we…
Continue reading ›The judge raps the gavel and announces that, “this court is adjourned.” Now what? That happened to Gunnery Sergeant Rodriguez years ago. BLUF — Rodriguez loses because his petition was filed 14 days too late. You’ve been through the pro-forma signing of the appellate rights statement. Now what? Most don’t have any appellate experience so…
Continue reading ›Professor Yung reports that: The Fourth Circuit Got it Right. (The U.S. Fourth Circuit is considered one of the more conservative of the Circuit Court’s of Appeal.) There has been some litigation over the Adam Walsh Act and whether or not all or parts of it are constitutional. Predictably most lower courts have said that…
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