Here is an interesting case from the 9th Circuit on computer searches. There may be some applicability here to military computer searches. The opinion is written by the well respected Judge Kosinski. CA9: Balco en banc: Computer search under Tamura not an excuse for a plain view; there has to be limits The Ninth Circuit…
Continue reading ›There is an ongoing dispute about whether DoD is screening reporters who are allowed to embed in Afghanistan. The allegation is that there is or will be a preference for those who give favorable reports about the military. Here is the latest (as usual the DoD is at stage one – complete denial, stand-by for…
Continue reading ›SOR seems to be a current topic, here is a new post from Prof. Yung: Another Free Exercise of Religion Issue for a Sex Offender These days, sex offenders can’t even go to church in some areas. Not long ago the State of Georgia enacted a law prohibiting sex offenders from volunteering at church. Now…
Continue reading ›“Defending Those Who Defend America”: Avoiding Conflicts of Interest in Order to Provide an Ethical and Effective Defense Sex Offender Registration Laws and the Uniform Code of Military Justice: A Primer I follow SOR issues very closely for current clients, past clients, and the all too frequent new client. The article is good! You can…
Continue reading ›Father: Convicted GI poisoned himself before surrendering By Seth Robbins, Stars and Stripes Online Edition, Tuesday, August 25, 2009 A Special Forces soldier who was on the run for nearly two days following a court-martial conviction poisoned himself before surrendering to police, his father told Stars and Stripes on Tuesday. “He may or may not…
Continue reading ›Jennifer Grogan, of theday.com connecticut reports that [The US]CGA expels nine cadets for drug use, 22 August 2009. Nine sophomore cadets have been expelled from the U.S. Coast Guard Academy for using or possessing cocaine or marijuana. Drug use was the most serious offense, but several of the nine third-class cadets also broke academy rules…
Continue reading ›ACCA has issued a Memorandum Opinion in United States v. Markis, ARMY 20070580 (A. Ct. Crim. App. 18 August 2009). Appellant had given three pre-trial admissions to CID. The defense sought to exclude the confessions as being coerced. The military judge permitted the defense to present expert testimony on coerced confessions, specifically it appears how…
Continue reading ›SAUSA an interesting piece from Volokh which I posted the other day. It’s black letter law that a prosecutor may not ask a defendant to comment on the truthfulness of another witness, United States v. Combs, 379 F.3d 564, 572 (9th Cir. 2004), United States v. Geston, 299 F.3d, 1130, 1136 (9th Cir. 2002), but…
Continue reading ›The issue of post-trial delay and prejudice is on the front burner again as a result of CAAF’s decision in United States v. Bush. Here is a repeat of part of a post of mine from April 2008. 1. After trial — sit down with the client and explain the post-trial process specific to the…
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