“[I]t is relatively straightforward for an innocent person’s DNA to be inadvertently transferred to surfaces that he or she has never come into contact with. This could place people at crime scenes that they had never visited or link them to weapons they had never handled.” In discussing United States…
Because of the current politics surrounding sexual assaults in the military, some are wondering what they can do in advance to avoid a later false claim of sexual assault. This has lead to a suggestion that the interactions should be video recorded, the idea being that the recording will later…
Naval Academy Professor Sues Navy Over Free Speech This reports Military.com: A civilian professor at the U.S. Naval Academy is suing the Navy, accusing it of violating his First Amendment right to free speech and chilling academic freedom. Attorneys for Bruce Fleming said Thursday that the professor was denied…
United States v. Dreyer. A decision from the Ninth. On issues arising from the Posse Comitatus Act (PCA), the en banc court affirmed the district court’s denial of a suppression motion, and remanded to the three-judge panel for consideration of remaining issues, in a case in which the defendant was convicted of one count…
Today, 5 November 2015, the Court of Appeals for the Armed Forces granted our petition in United States v. Pinkela, reversed the findings for aggravated assault and reckless endangerment, and affirmed a lesser included offense of assault and battery. United States v. Pinkela, ACCA — I. U.S.C.A.A.F. — I. This…
http://globalmjreform.blogspot.com/2015/11/in-good-to-see-category.html
The government filed its answer in Bergdahl v. Burke at CAAF today. You may note on page 1,before getting to the merits. It misidentifies the parties/ Mislabels the name of the pleading (Rule 19(e) calls for an “answer” not a “response”). Misaddresses the document to the judges of the wrong court,…
Click to access Bergdahl-NBC-News-Amicus-Brief.pdf See more of the litigation at https://www.court-martial.com/bergdahl-appellate-litigation.html
The Joint Service Committee on Military Justice has proposed new rules for courts-martial, including rules of evidence. The proposal is open for public comment. There is much to think about, some good, some possibly bad, and as I note below, some odd. (d) A new R.C.M. 305(i)(2)(A)(v) is inserted and…
I have updated events of today: Bergdahl. ACCA denies Hearst, et., al. petition for extraordinary writ. NIMJ files amicus in Bergdahl v. Burke at CAAF. Center for Constitutional Rights files amicus in Bergdahl v. Burke at CAAF.