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…
AP reports the following. Johnathan Montgomery spent the past four years in a Virginia state prison saying the same thing a lot of inmates do: He was innocent. Convicted in 2008 of molesting a 10-year-old girl outside her grandmother’s Hampton home when he was 14, he insisted the alleged 2000…
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…
Here is an interesting case from the Tenth, about cross-examination of a witness about a prior judicial “finding” that the witness was not credible — United States v. Woodard. The court states this basic principle from its own jurisprudence: The Sixth Amendment guarantees the right of a defendant to “be…
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 an interesting case from the First, United States v. Cameron, decided 14 November 2012. The issue is confrontation and the admission of various internet provider records. I think this case helpful in litigating the paper that the prosecution seeks to use in CP cases. We thus presume that…
Here is a cheat sheet for character evidence under the Federal Rules of Evidence.
What Happens in the Jury Room Stays in the Jury Room . . . but Should It?: A Conflict Between the Sixth Amendment and Federal Rule of Evidence 606(b), Amanda R. Wolin, 60 UCLA L. Rev. 262 (2012).
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…