Here is Bill Henderson on secession “petitions” and security clearances. DSS personnel have recently received questions from security personnel at cleared contractors about whether contractors should file adverse information reports pursuant to NISPOM paragraph 1-302 regarding cleared persons who sign petitions to allow a state to withdraw or secede from…
David Frum has this post in todays The Daily Beast. “The hard decisions are not not the ones you make in the heat of battle. Far harder to make are those involved in speaking your mind about some hare-brained scheme, which proposes to commit troops to action under conditions where…
I received an initial eRelease of certain chapters from, The Attorney’s Guide to Defending Vets in Criminal Court, soon to be published in hard copy. Very interesting chapters devoted to PTSD. Here’s a tie in the United States v. Bales.
Here is a cheat sheet for character evidence under the Federal Rules of Evidence.
Because rather than punish prosecutors, the courts shift the burden to the defense and provide excuses for the prosecutors. Prosecutors Hide, Defendants Seek: The Erosion of Brady Through the Defendant Due Diligence Rule Kate Weisburd, 60 UCLA L. Rev. 138.
The potential impact of Padilla v. Kentucky is ongoing. Two primary issues. Is the holding retroactive. The Supremes have that issue before it. Does Padilla extend the defense counsel obligations beyond immigration consequences? We know in the military from United States v. Miller what a defense counsel obligation is when…
A new piece on this difficult subject. Examining Shaken Baby Syndrome Convictions in Light of New Medical Scientific Research
on court-martial convictions. Here is another case in which a military prisoner has attempted to litigate his trial, and been denied. Faison v. Belcher (the former Commandant, USDB).
The constitutionality of Article 119a, UCMJ, may be headed back to CAAF. But there is no guarantee CAAF will grant a petition. AFCCA has decided United States v. Cooper. In a short opinion relying on United States v. Boie, 70 M.J. 585 (A.F. Ct. Crim. App. 2011), pet. denied 70…
Empirical Fallacies of Evidence Law: A Critical Look at the Admission of Prior Sex Crimes Aviva Orenstein Indiana University Mauer School of Law Tamara Rice Lave University of Miami, School of Law September 7, 2012 Indiana Legal Studies Research Paper No. 209 University of Cincinnati Law Review, Forthcoming Abstract: In…