Articles Posted in Up Periscope

Like the new format www.armfor.uscourts.gov.

Houston Chronicle reports:   An Army witness who says he stumbled onto a fellow soldier killing a U.S. superior at their patrol base in Iraq testified Monday he thought he was running toward nighttime enemy fire as he responded to gunshots — until he heard the shooter shout “I’ll kill you”…

‘Waiving’ Goodbye to Rights: Plea Bargaining and the Defense Dilemma of Competent Representation Jane Campbell Moriarty University of Akron School of Law Hastings Constitutional Law Quarterly, Vol. 38, No. 4, 2011 U of Akron Legal Studies Research Paper No. 11-7 Abstract: The proposed amendments to the ABA Criminal Justice Standards…

Our SANE reporter at Obama Conspiracy Theories has this, which is a potential welcome home poster for LTC Lakin on 14 May.

Deborah Tuerkheimer, Science-Dependent Prosecution and the Problem of Epistemic Contingency:  A Study of Shaken Baby Syndrome, 62 ALABAMA L. REV. 513 (2011). With rare exception, SBS prosecutions rest entirely on the testimony of medical experts. The construction of crime in this manner is rather extraordinary, particularly since— as a general…

On 21 October 2008 the NMCCA decided and affirmed in United States v. Burleson, 2008 CCA LEXIS 386.  In the original case he was sentenced to: The appellant was sentenced to 20 years confinement, total forfeitures, reduction to pay grade E-1, and a dishonorable discharge. The convening authority approved the…

On concurringopinions blog Daniel Solove, flogs his new book, NOTHING TO HIDE: THE FALSE TRADEOFF BETWEEN PRIVACY AND SECURITY (Yale University Press, May 2011). This book grows out of an essay I wrote a few years ago about the Nothing-to-Hide Argument.   The essay’s popularity surprised me and made me realize…

Here is another Fasler trailer.  Until Fasler is resolved the prosecution should be pleading in accordance with the issue in Fasler – what’s the harm – it’s a few extra words. WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES…

What do you do, if anything, if your client confesses to a crime for which he is not charged, but someone else is, or where someone else has already been convicted.  Not a common practice in the military, or is it.  What about the multi-accused drug case for example? Here’s…

Army Times reports that:  The intelligence analyst suspected of illegally passing government secrets to the WikiLeaks website has been found competent to stand trial, the Army said Friday.  And of course the Daily News reports he’s no longer in “solitary.” Law.com has this interesting piece about the “struggle” courts have…