We caution trial counsel…[as to] how difficult this area of the law can be. There are still issues to be resolved in this arena…. With precedents far from settled, only the bravest of advocacy acrobats ought to tempt fate. (They do so at their own peril, for we guarantee no…
The SCOTUS might soon give us an idea on the subject of jury nullification in Lee v. United States. Issue: Whether it is always irrational for a noncitizen defendant with longtime legal resident status and extended familial and business ties to the United States to reject a plea offer notwithstanding…
Today we take up the defense’s assignment of error and address the application of Mil. R. Evid. 412 to the government. Does Mil. R. Evid. 412 apply to the government? Yes. Must the government follow the procedural requirements before introducing evidence that falls under Mil. R. Evid. 412? Again, yes. And,…
The Virginia legislature has passed SB1563. There are several provisions which should be adopted in military cases. D. Whenever the Commonwealth intends to introduce expert opinion testimony at trial, the attorney for the Commonwealth shall notify in writing the accused of the Commonwealth’s intent to present such testimony not later than…
MCIO ‘ware. It still doesn’t protect your phone, especially if you give consent–but what the heck, it’s something. NACDL Press Release: Nation’s Criminal Defense Bar Welcomes Passage by House of Representatives of the Email Privacy Act Washington, DC (Feb. 6, 2017) – Today, the House of Representatives passed the Email…
AF Reporter. THE FIFTH AMENDMENT IN THE DIGITAL WORLD 2 Technology has breathed new life into the interpretation of constitutional provisions. EXCEPTIONAL TRANSITIONAL COMPENSATION 34 Help for Family Member Victims When Discharge Happens Before the Offense is Adjudicated [; increasing the secondary gain incentive]. AF Law Review. SERVE HONORABLY, FOREIGN-BORN…
I note here the results in two cases involving sexual assault.
The New York Times reports: President Obama on Tuesday largely commuted the remaining prison sentence of Chelsea Manning, the army intelligence analyst convicted of an enormous 2010 leak that revealed American military and diplomatic activities across the world, disrupted the administration, and made WikiLeaks, the recipient of those disclosures, famous.…
A Facebook post about military sexual assault training: “There’s no need to try to understand why sexual assaults are up 550% in the Military. All women have no ability to think after one drink and are not responsible for their actions but a Male soldier is responsible for his actions…
The most potentially relevant is McWilliams v. Dunn, No. 16-5294, involves a question regarding the degree of independence needed for appointed mental health experts under Ake v. Oklahoma. Then there are: Weaver v. Massachusetts, No. 16-240: The defendant claims his lawyer was ineffective for failing to object to a closure of…