Articles Posted in Up Periscope

Professor Friedman blogs today that: This morning, the Supreme Court GVRed — granted, vacated, and remanded — the case of Allshouse v. Pennsylvania, No. 09-1396, for reconsideration in light of last week’s decision in Michigan v. Bryant.Allshouse involves statements by a four-year-old to a child protection agency worker investigating allegations of abuse. The petition was…

and parole. The ACCA has released a decision in United States v. Hellgenberger. Finally, while not directly related to the issue of deportation, the military judge found that counsel provided appellant inaccurate advice about the possibility of parole. Captain N was unaware that as a non-citizen, appellant was ineligible for parole. Additionally, appellant, as a…

Here is a Military.com piece about new Army retention control points. You need to know this when negotiating PTA’s or alternative resolutions, and after sentence is announced. Official Army guidance was released on Jan. 28, directing new changes to the RCP program. These changes only affect Soldiers in the ranks of private to staff sergeant.…

Courtesy of fourthamendment.com here are links to three law review articles which discuss law enforcement surfing of computers. Andrew Vahid Moshirnia, Separating Hard Fact from Hard Drive: a Solution For Plain View Doctrine in the Digital Domain, 23 Harv. J. L. & Tech. 609 (2010) R. Bruce Wells, The Fog of Cloud Computing: Fourth Amendment…

The QuanticoSentry reports: Marine Corps National Capital Region courts-martial results. Yuma Sun has this report on a Marine missing for 10 days, the subject of “an extended ground search in the northwest part of town during his absence.” As part of his punishment, the Yuma Marine who went missing for 10 days last month has…

Professor Goldsmith has an excellent entry in the new Military Law Review. While his title is “Reflections on Government Lawyering,” I think it could be aptly titled being a law as an advisor. The point is not that you have to be a good lawyer; questioning, researching, writing. The point is how a lawyer acting…

Here’s an interesting case from the Fourth Circuit, courtesy of fourthamendment.com: Defendant’s actions when seen in a stopped car did not amount to suspicious circumstances. The officer’s learning that defendant was under investigation for drug trafficking did not lessen his Fourth Amendment rights, and it added nothing to the reasonable suspicion calculus. United States v.…

More fallout from USS ENTGERPRISE A former commanding officer of the USS Enterprise who faces possible punishment because of lewd videos shown to the crew has lost his job as head of a Singapore-based logistics group. Rear Adm. Ron Horton, commander, Logistics Group, Western Pacific, was promptly relieved of command on Thursday by Adm. Patrick…

United States v. Zaruba. The appellant has assigned three errors, but we need address only the first: DID THE MILITARY JUDGE ERR WHEN HE FAILED TO REOPEN THE PROVIDENCE INQUIRY AFTER EVIDENCE OF THE APPELLANT’S DIAGNOSIS OF POST-TRAUMATIC STRESS DISORDER AND BIPOLAR DISORDER WERE INTRODUCED DURING SENTENCING IN ORDER TO QUESTION APPELLANT AND TRIAL DEFENSE…

Here is the argument transcript in Bullcoming v. New Mexico. Here is Professor Friedman’s initial thoughts.