Articles Posted in Up Periscope

Here is a link to the new “order” requiring sexual assault cases to be disposed of at at least the O-6 level.

I have from time to time filed writs of error coram nobis, most recently in United States v. Graner. Courtesy of CrimProfBlog here is an excellent case reviewing the writ of error coram nobis. The court discusses the history of the writ and the three part test to considered. Note they cite extensively to United…

Not sure, that’s the conclusion of a study done by the National Research Council. h/t Prof. Berman at Sentencing Law & Policy

You need to know about collateral effects of a court-martial conviction: Voting Firearms Immigration status Sex offender registration Death penalty And now, should you have a special competence with forensics? Funk & Berman on Attorney Competence in Forensics Christine Funk and Evan Berman have posted Rising to the Challenge of the NAS Report ‘Strengthening Forensic…

The government wants to offer data from a computer or some other mechanical or recording device. Can a NCIS agent testify about the contents. No. That violates the best evidence rule, Mil. R. Evid. 1001. Courtesy of federalevidence.com here is a link for a recent case dealing with GPS information: Ninth Circuit reverses an importation…

Not sure the value – but I’m tracking the impending release of this publication: Apparently written for civilian attorney’s representing current or former military personnel, it may well have resources, ideas, and guidance for the military practitioner. Major Evan Seamore, Chief of Military Justice for the U.S. Army Maneuver Center of Excellence, Fort Benning, GA,…

Quite a few cases, especially the sexual assault ones arriving recently have involved text and chat messages as potential evidence against the client. As is to be expected, most of the time the investigators do not seize and clone the phone to preserve evidence (although I am dealing with one CID office at Fort Lee…

Warrant for DNA failed to show probable cause because it was based on mere conclusions. On remand, however, the state is free to use inevitable discovery to validate it. State v. Jenkins, 2012 S.C. App. LEXIS 84 (March 28, 2012): Nevertheless, the State argues that because this case involves a sex crime, the magistrate could…

Jessica D. Gabel & Ashley D. Champion, Regulating the Science of Forensic Evidence: A Broken System Requires a New Federal Agency, 19 Texas L. Rev. See Also 19 (2011). Science has its watershed moments. In February 2009, the National Academy of Sciences released its much-anticipated diagnosis of and prescription for the problems plaguing the practice…

Here is an interesting book. Here is a review that’s better than I could write. The book is not about courts-martial. There are several books that are good reads on military justice. Here are a couple.