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Advising a client on SOR is difficult. They want specific answers and often you can’t give them more than general advice. There are several points I try to make with clients. Title I of the Adam Walsh Child Protection and Safety Act of 2006, the Sex Offender Registration and Notification Act (SORNA), specifically includes certain…

Christopher B. Mueller, Laird C. Kirkpatrick and Liesa Richter (University of Colorado Law School, George Washington University – Law School and University of Oklahoma – College of Law) have posted two entries from their new book, Evidence §3.13 (6th ed. Wolters Kluwer 2018), on SSRN. The first is §3.13 ‘Presumptions’ in Criminal Cases. Here is…

On occasion, a military judge will make a clemency recommendation. In United States v. Coleman, the military judge did just that. “that the convening authority or any other authority has the authority to dismiss Specification 2 of Charge V, I recommend that such authority dismiss Specification 2 of Charge V.” The defense raised this in…

Some years ago the AFCCA decided several cases in which it “held” that the CAAF erred in applicable decisions and effectively “overrule” the CAAF. CAAF, of course, told the AFCCA that they cannot overrule the CAAF and should follow CAAF’s decision. Now it seems the Army Court of Criminal Appeals may be doing something similar;…

Bethesda, Maryland based law firm is seeking a full-time attorney to join our appellate litigation team in representing individual clients claiming benefits from a federal agency. Responsibilities include federal appellate case management; research of applicable laws, regulations, and legal precedent; the preparation of briefs for submission to federal court; and other related legal projects as…

Appellant personally raises three matters pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982),one of which warrants discussion and relief. My colleagues and I often discuss the value of Grostefon. My personal theory is to be robust in asserting Grostefon errors on behalf of the client. This is based on my years of…

After a lengthy but successful appeal, I get this message from a client. As of this morning I am officially off the Sex Offender registration list (which is great cause I need a job). My family and I just wanted to again send you both a big thank you for all the hard work and…

A retired judge in Iowa recently defended himself in a hearing of a contested order by saying, “I didn’t write this thing.” A review of Judge Edward Jacobson’s rulings found that he had failed to notify the parties in 13 cases where he had signed proposed rulings written by lawyers (presumably the lawyer involved in…

BYULaw, Law & Corpus Linguistics Included are Farrand’s Records covers three of the four volumes of The Records of the Federal Convention of 1787. Published in 1911, Farrand’s work attempted to represent the documentary records of the Constitutional Convention. Legal Information Institute and the U.S. Constitution Annotated.

We may have reached, “a fairly critical point where traditional photographic evidence just isn’t as reliable as it used to be.” This according to our most recent podcast guest, Joe Kashi. In addition to being a trial attorney in Alaska, Joe has worked in automation technology and is himself a serious photographer. Recently Joe taught…