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We all know that military defense counsel is required to advise a client of potential sex offender registration issues since United States v. Miller, 63 M.J. 452, 458-59 (C.A.A.F. 2006). With that in mind, United States v. Toth, No. 201700014 (NMCCA 28 February 2018) is worth the read. In Toth, the appellant alleged he was…

We know that the Sixth Amendment right to confront witnesses does not apply at a sentencing hearing (although the Due Process Clause does). Here we have a report of United States v. Carrillo, 2018 U.S. Dist. LEXIS 21731 (E.D. N.Y. Feb. 9, 2018), in which the judge held that the exclusionary rule does not apply…

I’m used to having some media interest in my cases or being asked to comment on someone else’s. With that in mind, I try hard to be careful on staying within bounds of what can be said or which can but shouldn’t. The 48th Criminal Law Seminar for VACLE has this module. Trial Publicity, Social…

Lagano, Edmundson, and Grant, The Air Force SVC Program, The First Five Years. 44 (3) The Reporter 31 (2017). Welch, Child Pornography, The Internet, and MRE 414. 44(2) The Reporter 19 (2017).

United States v. Hennis. Appellant’s case is before this Court for mandatory review under Article 67(a)(1), Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 867(a)(1) (2012). Appellant has filed a consolidated motion requesting, in relevant part, appointment of appellate defense team members pursuant to the Army’s capital litigation regulation, as well as funding for…

Today, SCOTUSBlog tells about some grants and denials. One may be of interest to military justice practitioners. they denied review in an Alabama death-penalty case, over a lengthy dissent by Justice Sonia Sotomayor that was joined by Justices Ruth Bader Ginsburg and Elena Kagan. . . . That order drew a sharp 14-page dissent[.] Here…

From CAAF Daily Journal of 2 November. No. 17-0507/AR. U.S. v. Orval W. Gould, Jr. CCA 20120727. On further consideration of Appellant’s certificate for review and the briefs of the parties, it is ordered that the first and second certified issues are answered in the negative, and therefore, no answer is provided to the third…

Andrew McCarthy writes in National Review about the recent NY terror case and President Trump’s off-the-cuff comments. In a well-reasoned piece, he makes the following point. Yet, just as law-enforcement officials must respect the policy judgments of their political superiors, the political authority must respect the need for independent administration of justice in individual cases.…

Other circuits have held that a prisoner may file a petition for a writ of habeas corpus if his sentencing court has been dissolved.” Id. at 1093 (quoting Prost v. Anderson, 636 F.3d578, 588 (10th Cir. 2011) (explaining that, for military prisoners, “the resort to § 2241 is the norm rather than the exception .…

I have noticed an increase is improper prosecution arguments over the last five years — connected I think to sexual assault cases mostly. So here is an article of interest. Combating Prosecutor Misconduct in Closing Arguments, Oklahoma Law Review, Vol. 70, No. 3, Forthcoming From the abstract: Prosecutor misconduct in closing argument is rampant. Prosecutors…