This is likely a duplicate post, but it’s worth it anyway. Here again is a piece from my old Crim. Law prof about forensics. Paul C. Giannelli (Case Western Reserve University School of Law) (University of Illinois Law Review, Forthcoming, Case Legal Studies Research Paper No. 2010-6) has posted Daubert…
Petty Officer Keefe’s trial is scheduled to commence in Iraq on 17 April 2010. Here is an excellent review, by Dwight “ML” Sullivan at CAAFLog on the political posturing, pseudo-lawyering, and plain gaffs about these cases. First SEAL prosecution imminent It is my recollection that I learned about the Know…
TDTNews reports that: Major Hasan may not have been transferred from hospital yesterday as thought was planned. Mr. Galligan’s chief complaint is a lack of a mitigation specialist assigned to the defense prior to the Article 32, UCMJ, hearing.
Here’s a case from New Jersey of some interest, Stengart v. Loving Care Agency, Inc., 2010 N.J. LEXIS 241 (March 30, 2010). [W]e find that Stengart had a reasonable expectation of privacy in the e-mails she exchanged with her attorney on Loving Care’s laptop. Stengart plainly took steps to protect…
eNews Park Forest reports. Last August, Travis Bishop refused to serve in Afghanistan. Having filed for Conscientious Objector (CO) status, Bishop, based at Fort Hood, Texas, in the US Army’s 57th Expeditionary Signal Battalion, was court-martialed and sentenced to 12 months in a military brig. He was released from the…
The Supreme Court has issued an opinion in Padilla v. Kentucky, which addresses the duty to inform a client of the collateral consequences of the conviction on their immigrant status. I have posted on this in connection with United States v. Miller, 63 M.J. 452 (C.A.A.F. 2006) and other cases:…
Family Security Matters reports: A decorated active duty Army medical officer, Lieutenant Colonel Terry Lakin (selected for promotion to Colonel), is calling upon his chain of command and his Congressional delegation to force President Obama to release his original birth certificate. He is the highest ranking officer to go public…
KWTX.com reports that: Defense attorney John Galligan said Tuesday he’s asking the Army to delay the hearing that will determine whether Maj. Nidal Malik Hasan will be tried by a military court for the Nov. 5 shooting rampage at Fort Hood’s Soldier Readiness Center that left 13 dead and 29…
ACCA has issued an opinion in United States v. Trigueros, 68 M.J. ___ (A. Ct. Crim. App. 2010). [Post updated to address a CAAFLog point, to add some links, and try to fix some formatting.] This case involves the common problem of discovery of a victims mental health records. There…
Two items came across my screen at about the same time. The FayObserver reports that: The judge in the court-martial of Army Master Sgt. Timothy Hennis rejected defense calls for a mistrial this morning. Defense lawyers claimed that the judge, Col. Patrick Parrish, acted with partiality – or the appearance…