The judge raps the gavel and announces that, “this court is adjourned.” Now what? That happened to Gunnery Sergeant Rodriguez years ago. BLUF — Rodriguez loses because his petition was filed 14 days too late. You’ve been through the pro-forma signing of the appellate rights statement. Now what? Most don’t have any appellate experience so…
Continue reading ›Professor Yung reports that: The Fourth Circuit Got it Right. (The U.S. Fourth Circuit is considered one of the more conservative of the Circuit Court’s of Appeal.) There has been some litigation over the Adam Walsh Act and whether or not all or parts of it are constitutional. Predictably most lower courts have said that…
Continue reading ›In April we posted about Crawford and expert testimony, and we’ve blogged about other confrontation issues. A commenter has brought some helpful information to our attention, and now yours. 1. Federal Criminal Defense Journal. The Fall inaugural issue is on line. It’s a new journal so we’ll have to see where it takes us, but…
Continue reading ›C.A.A.F.’s decision in United States v. Burton, __ M.J. ___, No. 07-0848/AF (C.A.A.F. Jan. 15, 2009), leads to consideration of arguments on findings. [and for the curious, United States v. Burton, No. ACM 36296 (A.F. Ct. Crim. App. July 16, 2007) (unpublished).] The general principle on argument at trial is that: Counsel should limit their…
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