Here, from Prof. Berman TG at Sentencing Law & Policy is a reminder about evidence in CP cases. I think most of us already do this, and a number of prosecutors already think of this. A notable Third Circuit panel ruling today in US v. Cunningham, No. 10-4021 (3d Cir.…
Stars & Stripes reports. A U.S. soldier will spend more than two years in prison after a military judge found him guilty in a court-martial Tuesday of throwing a crowbar that struck a German motorcyclist in the head. Stars & Stripes reports. The sentence for an Air Force staff sergeant…
CNN reports that: A top military official at Walter Reed Army Medical Center has been relieved of duty and charged with knowingly falsifying his personnel records. Command Sgt. Maj. Stoney Crump, the senior enlisted officer for the Medical Center Brigade, had the “intent to deceive” when he submitted a false…
United States v. Yammine. Here is the granted issue: WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED EVIDENCE OF FILE NAMES FOUND ON APPELLANT’S COMPUTER THAT WERE SUGGESTIVE OF HAVING CONTAINED CHILD PORNOGRAPHY BUT WHOSE ACTUAL CONTENT WAS UNKNOWN, ALLOWING THE GOVERNMENT TO ARGUE APPELLANT’S PROPENSITY OR MOTIVE…
Gazette.com reports that: An Army prosecutor Tuesday opened the trial of an Iraq war veteran by accusing him of the “ultimate betrayal” — raping a comrade’s wife. Spc. Philip C. Vermeiren, 28, is accused of assaulting the woman early Oct. 31 during an alcohol-fueled party at the Fort Carson apartment…
Carissa Byrne Hessick, Disentangling CP from Child Sex Abuse, 88 Washington L. Rev. __ (2010). Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to be premised on arguments that blur the distinction between those who possess images…
United States v. Clayton. Another special exception, in of course, a CP case. The dissent says it all. RYAN, J., with whom ERDMANN, J., joins (dissenting): I cannot agree with the continued dilution of the requirement that there be an actual, as opposed to an intuitive or a hypothetical, nexus…
Army authorities are now claiming that Galesburg soldier Spc. Billy Miller had [AP] on his computer as well as alleged [CP] . Miller’s tour in Afghanistan has been involuntarily extended by the army while it investigates charges of possession of [CP] and failing to obey a general order. . .…