United States v. Brasington, ARMY 20060033 (A. Ct. Crim. App. 5 October 2009). On 10 September 2008, our superior court granted appellant’s petition for grant of review on the following issue: WHETHER APPELLANT WAS DENIED HIS SIXTH AMENDMENT RIGHT TO EFFECTIVE ASSISTANCE OF COUNSEL WHERE THE TRIAL DEFENSE COUNSEL ALLEGEDLY PROVIDED INCOMPETENT ADVICE REGARDING THE…
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SCOTUS heard oral argument in Maryland v. Shatzer on Monday, 5 October 2009. Issue: Whether Edwards v. Arizona (1981), which bars police from initiating questioning with criminal suspects who have invoked their right to counsel, applies to an interrogation that takes place nearly three years later. Here is a link to the transcript of that…
Continue reading ›Lance Hering has a shot at a clean record if he keeps up treatment and public service, by Kevin Vaughan, in The Denver Post, 10/06/2009 01:00:00 AM MDT. Lance Hering walks into the Boulder County Justice Center on Monday with attorney Sarah Morrison. In a plea deal, Hering was placed on probation. (Paul Aiken, Daily…
Continue reading ›That is the SunNews.com headline with an Associated Press report. FORT BRAGG, N.C. — A soldier in North Carolina has been given a two-year prison sentence after being convicted of involuntary manslaughter in the death of a fellow Fort Bragg paratrooper. The Fayetteville Observer reported that Sgt. Justin A. Boyle also was convicted of conspiracy…
Continue reading ›So goes the title of an article in News Tribune, by Scott Fontaine, published: 10/03/09 The Army’s decision to discharge famed war resister Lt. Ehren Watada on Friday won praise from anti-war activists throughout the South Sound and nationwide. “We’re very happy for Ehren,” said Seth Manzel, an Iraq veteran who runs the antiwar Coffee…
Continue reading ›By THE ASSOCIATED PRESS, in the New York Times, October 2, 2009 A Texas soldier has been sentenced to three years in prison and dishonorably discharged for creating a kidnapping hoax to cover his absence without leave. Pfc. James A. Gonzalez was sentenced after he pleaded guilty at a Fort Hood court-martial to charges that…
Continue reading ›This is the headline by Chris Roberts / El Paso Times Posted: 10/03/2009 12:00:00 AM MDT EL PASO — A Fort Bliss soldier who died in Iraq in August killed himself with a gunshot to the head, according to Army investigators. Four soldiers who have been charged with cruelty toward Pvt. Keiffer Wilhelm in the…
Continue reading ›Three firms to compete for Army forensic task orders. A lot can be said about the services provided by USACIL. Regardless of how you view USACIL, they do not have the same kind of problems many state criminal labs do – the kind of problems identified recently in the Nat. Research Council review and report…
Continue reading ›Monday will have the first oral argument of this term in a case relating to criminal law and procedure. Here’s the reminder from the LawProfBlog. Monday, Oct. 5 Maryland v. Shatzer: limits on police questioning after a suspect asks for a lawyer ScotusWiki summary Testing the Outer Limits of the Edwards Rule: Maryland v. Shatzer…
Continue reading ›The Chicago Tribune has this short piece. Ex-soldier in Iraq slaying sent to Ind. prison, by BRETT BARROUQUERE Associated Press Writer, 2 October 2009. LOUISVILLE, Ky. – A former U.S. soldier sentenced to five consecutive life sentences for the rape and murder of an Iraqi teenager and the shotgun slaying of three of her family…
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