Articles Posted in Worth the Read

This might be of more interest to appellate practitioners, but here is a Download CAAF Proposed Changes rule changes.

Read this article about a New Zealand army prosecution. What’s different about it?

Here is an interesting piece by Pamla M. Sterner, The Stolen Valor Act 2005. 120 STAT. 3266 PUBLIC LAW 109–437—DEC. 20, 2006. Vietnam Veteran Charged With Violation of the Stolen Valor Act of 2005. Signed into law in 2006. These type of cases are certainly the most difficult of all within the military.

There are two items in this month’s Journal of Law and Human Behavior with value and relevance to trial practice: an item on interviewing, and an item on how juries make decisions. Here are the titles, more later. Divine, Buddenheim, Houp, Studebaker, and Stolle, Strength of Evidence, Evidentiary Influences, and the Liberation Hypothesis, Data from…

Here is the 21 April 2009 Supreme Court decision in Arizona v. Gant. Basically it limits the scope of a warrantless car search. In the course of its decision the court did not overrule New York v. Belton, 453 U. S. 454 (1981), but concluded Belton was misunderstood and misapplied. This was a 5 –…

Here is a good article in the FBI LEB. M. Wesley Clark, Searching Cell Phones Seized Incident to Arrest, 78(2) FBI Law Enforcement Bulletin, 25 (Feb. 2009).

Army Lawyer, March 2009.

CAAF has issued an opinion in United States v. Ranney, __ M.J. ___ (C.A.A.F. 2009). Here is the lower court opinion. I find it interesting to read the lower court opinion. You see how the two courts have taken the same record and come to a different conclusion, the selectivity with which each court views…

Here is an interesting book review. Prof. Orin S. Kerr, Slobogin: Privacy at Risk: The New Government Surveillance and the Fourth Amendment, 107(6) Michigan. L. Rev. 951 (2009).

Here is an interesting piece by Prof. Colin Miller about the judge who asks questions of witnesses. Prof. Colin Miller, I Won’t Be The Judge Of That: Texas Appeal Reveals That The Lone Star State Doesn’t Allow For Judicial Interrogation, 9 April 2009. I think that most people would agree that judges should at least…