The Inspector Rutledge detective stories are a favorite of mine. To quote an Amazon review: [T]he books are set in the period just after the First World War, and Inspector Rutledge is a veteran of said conflict. Even more unique, he’s haunted by the ghost of one of his subordinates,…
The “rule of lenity” “requires ambiguous criminal laws to be interpreted in favor of the defendants subjected to them.” From Levin, Daniel and Stewart, Nathaniel, Wither the Rule of Lenity, Engage, November 16, 2009. This is a claim or objection I have used from time to time, not always successfully. …
A change to Fed. R. Crim. Pro. recently adopted reminds me of a motion I file from time to time after the member's have found my client guilty, or at the time the military judge asks if there is anything else before adjourning the court — that's a Griffith motion. …
This is a waivable issue, as SCOTUSBlog reports. The Supreme Court ruled Wednesday that, if federal prosecutors violated a plea bargain with an accused who pleads guilty, that must be brought out at the trial and thus cannot be challenged for the first time on appeal. On a 7-2 vote,…
The Air Force Court of Criminal Appeals has issued a decision in United States v. Harris, __ M.J. ___, No. 2008-03 (A. F. Ct. Crim. App. 2009). IP: This was a government appeal under Article 62, UCMJ. Background: The accused had been prosecuted for use of cocaine. At trial he…