Friend and colleague draws attention to McGee v. McFadden, a petition for a writ of certiorari to the U. S. Supreme Court. Issues: (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch,…
Continue reading ›A “study” in the effects of confirmation bias, victim-centered investigations, or flawed investigations followed by a flawed judicial process? N. P. Kirillova and E. N. Lisanyuk, Truth and Legal Argument in Fydor Dostoevsky’s The Karamazov Brothers. 48 Bulletin of Tomsk State Univ., 193-204 (2019). There were several reasons of the judicial error. The court investigator…
Continue reading ›The very foundation of what we do depends on trust, and trust depends on the treatment of all Soldiers with dignity and respect by fellow Soldiers and leaders. Without this, our profession is placed in jeopardy, our readiness suffers, and our mission success is at risk. The sentiment conveyed above is enduring; it epitomizes core…
Continue reading ›The Army TJAGSA Criminal Law Deskbook is now online. The cover notes that the DB “reflects changes” to the MJA effective 1 January 2019. The .pdf file is bookmarked. Interestingly, Part B of the Introduction has a justification for a separate military justice system. They say there is a need for speedy trial–a need not…
Continue reading ›The harmful effects of law enforcement tunnel vision do not end with wrongful convictions. Tunnel vision also undermines community trust in the police and damages an already fraught relationship. In a sexual assault case, real victims are actually harmed when false allegations are buttressed by so-called “victim-centric” investigations. When false reports are “substantiated” others watching…
Continue reading ›Like it or not, consistent or not consistent with long-held notions of justice, a military member accused of a sexual assault is presumed guilty. Sure command and others will say you are going to get a fair hearing and trial, but that’s not reality. Over 100 Law Professors, Others Call on DOJ to Stop Junk-Science…
Continue reading ›When a party objects to testimony or documents they should state “I object” and cite the evidence rule or principle and nothing else. You may be tempted, but don’t make a speaking objection. United States v. Gurfein, NMCCA 2019, is an example of why speaking objections are improper and can cause problems. I have had…
Continue reading ›Ordinary Causation: A Study in Experimental Statutory Interpretation Indiana Law Journal, Forthcoming 73 Pages Posted: 9 Apr 2019 Columbia Law School Date Written: March 14, 2019 Abstract In a series of recent split decisions interpreting criminal and tort-like legislation, the Supreme Court has purported to give statutory causation requirements their ordinary, plain meaning. Armed with…
Continue reading ›The Navy is establishing a new uniform for all detainees and prisoners in a Navy Brig (currently Charleston, Miramar, Chesapeake consolidated brigs). https://www.wearethemighty.com/military-culture/navy-uniforms-issued-in-brig
Continue reading ›United States v. Vick, ACCA 2019. Prosecutors and convening authorities require an accused to plead guilty to charges which the accused is not provident, but it’s a take it or leave it deal and the accused dutifully complies, only to have the whole process go awry. Is Vick such a case of unreasonable requirements from…
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