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Here’s a case from New Jersey of some interest, Stengart v. Loving Care Agency, Inc., 2010 N.J. LEXIS 241 (March 30, 2010). [W]e find that Stengart had a reasonable expectation of privacy in the e-mails she exchanged with her attorney on Loving Care’s laptop. Stengart plainly took steps to protect the privacy of those e-mails…

Family Security Matters reports: A decorated active duty Army medical officer, Lieutenant Colonel Terry Lakin (selected for promotion to Colonel), is calling upon his chain of command and his Congressional delegation to force President Obama to release his original birth certificate. He is the highest ranking officer to go public over this controversy and in…

KWTX.com reports that: Defense attorney John Galligan said Tuesday he’s asking the Army to delay the hearing that will determine whether Maj. Nidal Malik Hasan will be tried by a military court for the Nov. 5 shooting rampage at Fort Hood’s Soldier Readiness Center that left 13 dead and 29 injured.

Two items came across my screen at about the same time. The FayObserver reports that: The judge in the court-martial of Army Master Sgt. Timothy Hennis rejected defense calls for a mistrial this morning. Defense lawyers claimed that the judge, Col. Patrick Parrish, acted with partiality – or the appearance of partiality – in front…

Human Events reports that: One of three Navy SEALs facing a court martial announced at a rally Saturday that he has passed a polygraph test, casting doubt on the Pentagon’s case against him. Rep. John Shadegg (R.-Ariz.) who attended and spoke at the rally, told HUMAN EVENTS that “while the lie detector test results won’t…

Carissa Byrne Hessick, Disentangling CP from Child Sex Abuse, 88 Washington L. Rev. __ (2010). Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to be premised on arguments that blur the distinction between those who possess images of child pornography and those…

Kate Wiltrout of Virginia Pilot reports that: Prosecutors handling the courts-martial of two local Navy SEALs charged with not stopping a teammate’s alleged assault on an Iraqi detainee faced another setback Friday. Cmdr. Tierney Carlos agreed to exclude a statement made by one of the SEALs to the special agent investigating the allegations in September…

I posted the other day about an 11th Circuit decision on extra-territoriality of 18 U. S. Code 2251A. Here is an article, courtesy of CrimProfBlog that may be of some interest on that subject. Jeffrey A. Meyer (Quinnipiac University – School of Law) has posted Dual Illegality and Geoambiguous Law: A New Rule for Extraterritorial…

I’ve posted before about issues with forensic testing and police controlled laboratories (including military drug testing laboratories). Here is an article from my old crim law professor, a former Army JA. You’ve also heard me frequently talk about confirmatory bias in regard to police investigations and other investigations. Paul C. Gianelli, Independent Crime Laboratories: The…

Thanks to OpinoJuris for pointing us to the 11th Circuit decision in United States v. Frank. You will recollect that CAAF has found that the CP related statutes don’t apply overseas. Here is part of the OJ summary. The Eleventh Circuit upheld the conviction finding that (1) Miranda warnings were unnecessary; (2) the statute applied…