Danger Will Robinson. United States v. Parker and Woodruff In these consolidated appeals, the Government challenged the district court’s orders dismissing its 18 U.S.C. § 4248 (2006) petitions for civil commitment of Lonnie Parker and James Woodruff, who were both convicted of various sex offenses and sentenced in military court-martial…
Lot here today. Catching up after a contested trial at Fort Bragg. I’ll update the Lakin page after today’s “events.” Kate Wiltrout reports the retrial of Richard Mott at NOB, NorVA. Almost two years after a Navy judge found Seaman Richard Mott guilty of attempted premeditated murder and sentenced him…
Here is a piece from Kitsap Sun: A doctor who is being expelled from the Navy was charged by Kitsap County prosecutors Thursday with failing to register as a sex offender, according to attorneys familiar with the case. State law requires people convicted of certain sex crimes to register as…
Thanks (again) to CAAFLog for finding a case relating to collateral consequences — Moutrie v. Secretary of the Army, __ F. Supp. 2d __, No. CV 09-4456-SVC (RC) (C.D. Cal. July 7, 2010). Up until, oh I don’t remember the date now, but quite a number of years ago, a…
In United States v. Eyster, decided by the 3rd Cir. on 14 July 2010, the appellant claimed he was improperly sentenced because the court considered a 1988 court-martial conviction for rape. On appeal, Eyster argues that the District Court erred by increasing his criminal history from Category II to Category…
On Wednesday, ACCA will hear oral argument in United States v. Vargaspuentas, No. ARMY 20091096, on these three interesting issues: I. WHETHER APPELLANT’S TRIAL DEFENSE COUNSEL INFORMED HIM HIS GUILTY PLEA MIGHT RESULT IN DEPORTATION. II. WHETHER COUNSEL’S ADVICE REGARDING DEPORTATION WAS INEFFECTIVE. SEE PADILLA V. KENTUCKY, 08-651 (2010); STRICKLAND…
What are the collateral consequences, if any, of being involuntarily separated by the Air Force on a persons ability to run for, and if elected, be seated in Congress – and add a second involuntary discharge from the Army. Time reports that: A week ago in the living room of…
Here is an unpublished opinion in United States v. Jones, No. 09-15005 (11th Cir. 17 June 2010). I’ve commented before about how nuanced sex offender registration issues can get. Christopher Martin Jones appeals from his sentence imposed following his conviction for possessing a firearm as a convicted felon. On appeal,…
The U.S. Supreme Court decided City of Ontario v. Quon today. Quon is a case about searching pagers and cellphones. Our clients convicted of child pornography offenses and certain other offenses in which the internet is case related are restricted in computer access post-release. I mention Quon because of an…
Army Times reports: A federal appeals panel says sex offenders convicted in military court but housed by the Bureau of Prisons are not eligible for civil commitment. A three-judge panel of the 4th U.S. Circuit Court of Appeals issued the ruling Monday in the case of former Army officer Benjamin…