Allen v. United States Air Force, No. 08-3450 (8th Cir. 7 May 2010). Joseph Allen served in the United States Air Force (Air Force) for more than twenty years, from January 14, 1985, until September 30, 2006, when he voluntarily retired and received an Honorable Discharge. During his service, on February 18, 2004, the Air…
Continue reading ›Here courtesy of Sentencing Law & Policy: This weekend’s must-read comes via this link at SSRN to a new piece by Margaret Colgate Love and Gabriel Chin concerning the Supreme Court’s important decision late last month in Padilla v. Kentucky. “Padilla v. Kentucky: The Right to Counsel and the Collateral Consequences of Conviction.” Here is…
Continue reading ›The Supreme Court has issued an opinion in Padilla v. Kentucky, which addresses the duty to inform a client of the collateral consequences of the conviction on their immigrant status. I have posted on this in connection with United States v. Miller, 63 M.J. 452 (C.A.A.F. 2006) and other cases: here, here, here, and here.…
Continue reading ›Not all states allow a prior court-martial conviction into evidence. But as the decision in Oliver v. Commonwealth, 60 S.E. 2d 567 (2005), shows, the Commonwealth of Virginia considers a prior special court-martial conviction admissible in sentencing. In principle, we accept that certain “wholly unconstitutional” convictions can be collaterally attacked and disqualified for consideration during…
Continue reading ›The 8th Circuit Court of Appeals considers a conviction of “housebreaking,” under Article 130, UCMJ, to be a crime of violence for firearms possession charges in federal district court. We frequently are asked by clients if they can still own a firearm. The answer is a very nuanced one, as Begay and Whetzell indicate. Appellant’s…
Continue reading ›Haven’t posted on this for a while. There’s a lot going on out there in terms of state and federal litigation. A significant issue relates to the types of restrictions on a sex offender. So, what are the limits on computer and technology use for those convicted of sex offenses? Although rules may vary, many…
Continue reading ›Fifty State Survey of Adult Sex Offender Registration Laws Brenda V. Smith American University – Washington College of Law; American University – NIC/WCL Project on Addressing Prison Rape August 1, 2009 Abstract: This publication is part of a larger scholarly project and one in a series that aims to create a “legal toolkit” for addressing…
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