Mary D. Fan (University of Washington – School of Law) has posted The Police Gamesmanship Dilemma in Criminal Procedure (UC Davis Law Review, Forthcoming) on SSRN. Here is the abstract: Police gaming of the rules is a perennial challenge for constitutional criminal procedure, leading to twists and hazard zones in the law such as the…
Continue reading ›Couple of new NMCCA decisions on some court-martial appeals. United States v. Soucie. In this case NMCCA decides that the military judge failed to adequately inquire into a duress defense on providency. The accused raised six errors and the NMCCA specified an additional error. The government agreed that a charge under Article 123a should be…
Continue reading ›I posted that Mr. Galligan had sought to have the Hasan Article 32, UCMJ, hearing closed to avoid media attention. Dallas news reports. A hearing outlining evidence against U.S. Army Maj. Nidal Malik Hasan in last year’s massacre at a soldier readiness center should be public, a military official ruled Thursday. Defense lawyer John Galligan…
Continue reading ›Here is Professor Friedman’s post about Briscoe. The Virginia Supreme Court today issued its decision in Briscoe on remand from the United States Supreme Court. . The court held that the former Virginia statutory scheme (under which the defendant had to call a lab analyst as his witness if he wanted to examine the analyst)…
Continue reading ›Danger Will Robinson. United States v. Parker and Woodruff In these consolidated appeals, the Government challenged the district court’s orders dismissing its 18 U.S.C. § 4248 (2006) petitions for civil commitment of Lonnie Parker and James Woodruff, who were both convicted of various sex offenses and sentenced in military court-martial proceedings, but are currently housed…
Continue reading ›This is the 13th day that APF (safeguardourconstitution), LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,” “Judge to Rules (sic) . . ..” This is the 13th day that LTC Lakin and his team have failed to file a petition for a writ of…
Continue reading ›The CAAF Daily Journal for 14 September 2010 notes the filing of a petition for review by John M. Diamond. Here is a FayObserver.com piece which documents some of the history of this case, including Michelle Theer’s abortive efforts to get a new trial. According to court documents, witnesses for the prosecution repeatedly testified that…
Continue reading ›This is the 13th day that APF (safeguardourconstitution), LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,” “Judge to Rules (sic) . . ..” SLDN reports: Servicemembers Legal Defense Network (SLDN), a national, legal services and policy organization dedicated to ending “Don’t Ask, Don’t Tell”…
Continue reading ›WFAA.com reports that: Fort Hood shooting suspect Maj. Nidal Hasan’s attorney tells News 8 he will ask a military judge Thursday morning to close the upcoming Article 32 Hearing for his client to the public and press. “I think it’s necessary to ensure he can eventually get a fair trial at Fort Hood,” (Ret.) Col.…
Continue reading ›The Air Force Court of Criminal Appeals has issued an opinion in United States v. Hull. The issues on appeal are: whether the staff judge advocate (SJA) erred by advising the convening authority (CA), pursuant to Rule for Courts-Martial (R.C.M.) 1106, that no new trial was warranted and whether the CA erred by failing to…
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