Articles Posted in Up Periscope

Here, courtesy of the great Professor Berman, is a case from Ohio, ruling that a state sex-offender registration law intended to comply with SORNA is unconstitutional under the state constitution. In a ruling with potential national implications even though based only on state law, the Ohio Supreme Court this morning in a 5-2 opinion decided…

The Confrontation Clause states that In all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him… But does the Confrontation Clause cover only analytical and conclusory statements, or does it also cover “routine and descriptive and objectively ascertained and reliable facts?” According to a Maryland trial court, it only…

In a self-defense case it is proper, if available to introduce evidence that the alleged victim was the aggressor, etc. There are two general ways to do that. One of the most common issues to come up is specific instances of the alleged victim’s prior assaultive behavior. federalevidence blog has a nice reminder about this…

No, normally the best course of action is to persist with either the objection or what you are doing. In that situation it is hard or harder for an appellate court to later apply waiver. We make objections during a trial. Or an objection is made to something we are doing or asking. If you…

Temple Daily Telegraph reports: The attorney for accused Fort Hood shooter Maj. Nidal Hasan has requested that Hasan face military court martial in March 2012. Hasan’s attorney John Galligan has also asked that Hasan be arraigned on Fort Hood on July 20.

Here is Professor Friedman The Great with initial thoughts.

Here is an advert for “Officer’s Oath” to be published by LTC Lakin in concert with Jack Cashill. I found this to be a curious assertion. [T]he handful of Terry’s detractors have been dwarfed by the mountain of supporters. Not all agree with his methods, but none have faulted his commitment to the Constitution, the…

Army Times reports: Sgt. Mitchell Streeter was overwhelmed. Twice deployed, he was suffering from post-traumatic stress disorder, unable to sleep, stressed out by his job as a recruiter, and now he was being forced out of the Army after a drunken-driving arrest. The story is much larger than that unfortunately.

Air Force Times reports: A wing commander who used a fighter jet for personal trips and pocketed nearly $96,000 in extra pay for unauthorized compensatory time has left his job with the Alabama Air National Guard’s 187th Fighter Wing. LtCol Smiley’s photo, courtesy of AFT, is probably a pre-decisional one. WDRB.com reports: The U.S. Army…

Navy Times reports: A master-at-arms posted at a Navy nuclear warhead storehouse was found guilty June 23 of the repeated rape of a girl and handed a 45-year sentence after a four-day general court-martial at Naval Base Kitsap-Bremerton, Wash. Navy Times reports: A 44-year-old Navy JAG attorney has been sentenced to more than 10 years…