Articles Posted in Up Periscope

The Judge Advocate will be published on a quarterly basis in February, May, August, and November. The deadline for submissions for the November issue is October 15, 2011. Please consider writing a short or long piece on a topic of interest to the military legal community. Submissions may be sent to us at: execdir@jaa.org. Although…

‘West Memphis Three’ case shows we see what we expect to see Jennifer L. Mnookin, Special to the Los Angeles Times

Navy Times reports a very odd situation of a Coast Guard cutter XO being fired. Army Times reports that Rentfrom was sentenced to [corrected, thanks to ML] Life but with eligibility for parole. He will have to serve at least 10 years however, absent clemency action. See 6.16.6.3.3, DODI 1325.7.

CAAF has added a useful tool for research on current issues. Here is a link to the 11 October oral argument in Schumacher. This is the first oral argument for the season. You will note that there is a link to the briefs. Note, these are the final briefs at CAAF, not the Supplements or…

Again courtesy of FourthAmendment.com False representations by defendant’s wife, who was secretly working with the police, that if he did not consent, she was going to jail, which was false, vitiated defendant’s consent. United States v. Strange, 2011 U.S. Dist. LEXIS 94094 (W.D. Mo. August 23, 2011)[.] Query, what about law enforcement’s favorite trick of…

Courtesy of fourthamendment.com here is an interesting case – the operative language being, I suspect, “finding none.” But the case may also having something to say about blanket search authorizations for which LE merely changes the name, in this case based on “tips” from NCMEC. Franks violation leading to search warrant for child pornography, finding…

Ventura County Star has this posting. Aaron Sorkin’s “A Few Good Men” makes a few good points about military honor and justice. Sorkin, who also was the chief writer for TV’s lively “West Wing,” brought forth “Men” in 1989, when its issues were underscored by the possibility of global war. But the basic question of…

Nothing like being out for a few days, and a lot happens. Navy Times reports: CAPT Honors’ BOI recommended retention. The board did not elaborate on why it found Honors had committed those offenses but should remain in the Navy. The government had been asking that Honors be honorably discharged. . . . Although Honor’s…

Well, that’s certainly the thrust of quite a bit of academic and other writings about how the “Roberts’ Court” approaches the Fourth, Fifth, and Sixth Amendments. Here is a piece within that group. Jonathan Witmer-Rich, Interrogation and the Roberts Court, 63 Fla. L. Rev. 1189 (2011)| PDF

Fairbanks Daily Newsminer.com reports: A general court-martial for a Fort Wainwright soldier accused of killing his wife begins this week. Spc. Aaron M. Rentfrow, 30, of Fort Wanye, Ind., faces charges of murder and kidnapping. The court-marital convened Monday morning and is expected to begin selecting a five-member panel of jurors this morning. If convicted,…