Articles Posted in court-martial

Hair comparison admissibility
Philip D. Cave

Gianneli on the Unreliability of Microscopic Hair Analysis Paul C. Giannelli (Case Western Reserve University School of Law) has posted Microscopic Hair Comparisons: A Cautionary Tale on SSRN. Here is the abstract: According to the National Academy of Sciences (NAS) Report on forensic science, “testimony linking microscopic hair analysis with particular defendants is highly unreliable.”…

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Hennis another view
Philip D. Cave

I posted on Hennis just the other day in terms of one reporters view of the weight of the evidence. Crime & Consequences picks up on a point. Myron Pitts, who covered the Hennis trial for the Fayetteville Observer, has this article summing up the evidence. The whole story is worth a read, but my…

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Rapper case unwrapped
Philip D. Cave

Here at truthout is a different perspective on the rapper case. According to Jeff Paterson of Courage to Resist, an Oakland-based organization dedicated to supporting military objectors like Hall, he was not jailed for the song, but was instead jailed “in retaliation for his formal complaint of inadequate mental health services available to him at…

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Digital privacy?
Philip D. Cave

SCOTUSBlog reports that: At about 11 a.m. Monday, the Supreme Court will hear one hour of oral argument in City of Ontario, et al., v. Quon, et al. (08-1332). Arguing for the California city and its police department will be Kent L. Richland of Greines, Martin, Stein & Richland in Los Angeles. The federal government,…

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LTC Lakin update
Philip D. Cave

Here is another viewpoint, from a civilian, about the need to court-martial LTC Lakin. The (Greeley, CO) Tribune opinion says: When you become a soldier of the United States of America, you lose some of your rights. Except in extreme cases, you no longer have the right to refuse orders of superiors. You don’t have…

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Hennis update
Philip D. Cave

I expect we’ll see several commentary’s about the Hennis trial. Here is one from Myron Pitts, FayObserver.com, which he calls, “Evidence adds up in support of Hennis verdict.” (Along with the article is a great list of links to prior reporting on the case.) I saw a military jury convict Hennis on April 8 and…

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Blazier and Melendez-Diaz
Philip D. Cave

Thanks to Professor Colin Miller for this piece. In Melendez-Diaz v. Massachusetts, the Supreme Court recently found that certificates of state laboratory analysts are “testimonial” and thus covered by the Confrontation Clause. Thus, if the forensic analysts (or similar experts) who prepared such certificates (or similar documents) do not testify at a criminal defendant’s trial,…

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Collateral consequences
Philip D. Cave

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…

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Rapper case wrapped up
Philip D. Cave

It appears that the case of the “rapper” charged with making threats through rap songs and his website has been resolved. For some weeks the case drew criticism from supporters and the public and the military attitude to free speech issues. Something that we are seeing again in regard to LTC Lakin and Sgt Gary…

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