Articles Posted in Up Periscope

2 March 2011, Bullcoming v. New Mexico will be argued at the U.S. Supreme Court.

KDHNews.com reports:s Maj. Nidal Hasan’s defense team met with Col. Morgan Lamb, the special court-martial convening authority in his case today. The meeting provided the defense team, led by retired Col. John Galligan, an opportunity to present any matters for Lamb’s consideration before he takes action as a convening authority under the Uniform Code of…

Courtesy of LawProfsBlog. The Supreme Court Giveth and the Supreme Court Taketh Away: The Century of Fourth Amendment ‘Search and Seizure’ Doctrine Thomas Y. Davies University of Tennessee College of Law Journal of Criminal Law & Criminology, Vol. 100, No. 3, pp. 933-1041, 2010 University of Tennessee Legal Studies Research Paper No. #137 Abstract: This…

Here is one of those occasional outside the mjWire cases of interest. The police responded to a 911 call about a “break-in” and a shooting. They found the defendant outside the house, confused and under the likely influence of drugs. The did a “protective sweep” on exigency and found drug stuff. They proceeded to search.…

Courtesy of LawProfsBlog: Vazquez on Advising Noncitizen Defendants on Immigration Consequences of Conviction Yolanda Vazquez (University of Pennsylvania Law School) has posted Advising Noncitizen Defendants on the Immigration Consequences of Criminal Convictions: The Ethical Answer for the Criminal Defense Lawyer, the Court, and the Sixth Amendment (Berkeley La Raza Law Journal, Vol. 20, p. 31,…

United States v. Lewis. WHETHER APPELLANT’S RIGHT TO DUE PROCESS WAS VIOLATED WHEN THE TRIAL COUNSEL ASKED A DEFENSE EXPERT WHETHER HE FOUND EXCULPATORY EVIDENCE, AND ARGUED TO THE MEMBERS THAT THE DEFENSE EXPERT FAILED TO FIND EVIDENCE SUGGESTING ANYONE OTHER THAN APPELLANT COMMITTED THE OFFENSES.

A favorite blog – federalevidencereview – has this: Second Circuit confirms that statements made by a co-conspirator to an undercover agent may be admitted without violating the Confrontation Clause where the co-conspirator “was unaware that he was speaking to agents for the government or that his statements might later be used at a trial,” in…

The Agenda for the CAAF Judicial Conference is here. The agenda is back closer to mission and less of the interesting but arguably irrelevant topics. Of special interest is Prof. Berman from Sentencing Law & Policy. I read his excellent blog everyday. He’s been talking for some time now about the sentencing issues relating to…

Yesterday the Navy Office of the Judge Advocate General’s Criminal Law Division recommended that trial counsel continue to request that the military judge give the Benchbook instruction in Article 120(c)(2) cases. The recommendation stated that CAAF’s decision in Prather “does not change the landscape for Navy prosecutors as drastically as one might expect.” Code 20…

I posted the other day about the ongoing passionate dispute about the existance of SBS as a valid “diagnosis.” Here is an NPR piece with a little more perspective.