The Army Court of Criminal Appeals rules are here. As previously indicated there is no “deadline” for the filing of a writ petition in this situation, but once a petition is filed several deadlines and requirements kick in. Like DMLHS I have a request in for a copy of the petition. Note that in Cheney…
Continue reading ›Here is an observation by federalevidence.com: One issue raised by the new case concerns whether a majority of the Court still supports the Confrontation Clause analysis established under Crawford v. Washington in 2004, and Melendez-Diaz v. Massachusetts in 2009. Two Justices who voted in the majority (John Paul Stevens and David H. Souter) have since…
Continue reading ›Humor in military lawyering is good. Humor is good. Standby for a comment from DMLHS tonight. In thinking about why the case would be delayed to 3 November 2010 there were all kinds of ideas floating around, some ideas being of a conspiratorial nature. I had missed the piece noted by Reality Check (thanks!). Anyway,…
Continue reading ›Daily Commercial reports: To police Chief Ed Nathanson, it doesn’t matter where you’ve been convicted as a sex offender or predator. It only matters that you’ve been convicted. So, if you are convicted out of state or in a court martial, your conviction still counts in Lady Lake, and you have to register as a…
Continue reading ›Army Times reports. A regional prison is opening at Fort Leavenworth, combining the operations of military prisons elsewhere in the United States. The Joint Regional Confinement Facility will be operated by the Army Corrections Command. It’s located on the northeast Kansas post near the U.S. Disciplinary Barracks, the military’s maximum-security prison. Dedication ceremonies were scheduled…
Continue reading ›The U. S. Supreme Court has granted certiorari in Kentucky v. King. QUESTION PRESENTED: Police officers entered an apartment building in hot pursuit of a person who sold crack cocaine to an undercover informant. They heard a door slam, but were not certain which of two apartments the trafficker fled into. A strong odor of…
Continue reading ›United States v. Blazier was argued at CAAF and you can hear the oral argument at this link. The U. S. Supreme Court has granted certiorari in Bullcoming v. New Mexico. Courtesy of CAAFLog here is the granted issue: Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst…
Continue reading ›NIMJ was able to send Charlie Fowler to monitor todays Article 39(a), UCMJ, session. 1. Trial is continued until 4 November 2010 from 13 October 2010. Not sure of the reason. It appears Mr. Jensen asked the judge to hold the case “in abeyance” pending resolution of an (untimely?) writ which has been filed with…
Continue reading ›WorldNetDaily reports: Disagreement arose todday among supporters of Lt. Col. Terrence Lakin, the Army doctor facing military court-martial for refusing orders to deploy to Afghanistan after questioning Barack Obama’s constitutional eligibility to be president. A group of retired military officers organized as the Veterans Council and the United States Patriot Union in Sheridan, Wyo., issued…
Continue reading ›The safeguardourconstitution website has a posting that a Writ of Mandamus has been filed with the Army Court of Criminal Appeals. The site still lists the judges decision as pending. A copy of the petition is not posted to the website.
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