Army Times reports: A federal appeals panel says sex offenders convicted in military court but housed by the Bureau of Prisons are not eligible for civil commitment. A three-judge panel of the 4th U.S. Circuit Court of Appeals issued the ruling Monday in the case of former Army officer Benjamin…
The AFCCA has issued its opinion in the relook at United States v. Rose. The court comes to the same conclusion that the defense counsel advice to the client about sex offender registration was wrong and IAC. The initial decision at AFCCA is here, and CAAF’s 28 October 2009 journal…
There are two decisions issued today of some relevance to military justice practitioners. One relates to Miranda and another to SORNA. As to Berghuis v. Thompkins, Kent Scheidegger of crimeandconsequences blog says: The Miranda rule remains intact in that the police must warn suspects of their rights and that an…
There’s been lots of litigation about SORNA. But now, courtesy of Sentencing Law & Policy we learn that DOJ has some recommendations for amending SORNA. You will be interested to know that this morning the U.S. Department of Justice issued proposed supplemental guidelines modifying several requirements for compliance with SORNA.…
The advice to an accused about sexual offender registration is complicated. Cases such as Williams v. Lee and Keathley, No. ED 93827, from the Court of Appeals of Missouri, Eastern District, Division Five, decided May 4, 2010. This is a retroactivity case. On February 5, 2000, Williams pled guilty in…
Sad, but not unusual, from The False Rape Society. My story started last summer when we got back from Iraq. My best friend and I went to a night club and long story short I had sex with a woman. This woman was a female soldier and ended up being…
Here courtesy of Sentencing Law & Policy: This weekend’s must-read comes via this link at SSRN to a new piece by Margaret Colgate Love and Gabriel Chin concerning the Supreme Court’s important decision late last month in Padilla v. Kentucky. "Padilla v. Kentucky: The Right to Counsel and the Collateral…
NMCCA has it’s opinion in United States v. Denedo, the petition for error coram nobis that his been winding its way through the courts, include the United States Supreme Court. Essentially the court finds that even if there were IAC, petitioner has not established prejudice. Back to CAAF? As it…
In this case we decide whether Joshua Williams, who pleaded guilty to carnal knowledge of a minor in violation of military law while serving in the Navy, is exempt from registration as a sex offender pursuant to Penal Code sections 290, subdivision (c) and 290.005 (undesignated statutory references are to…
Not going too far, how about you? Meanwhile – – – A Robins Air Force Base master sergeant was dishonorably discharged and sentenced to 50 years in prison after he was found guilty of engaging in sexual contact with several minors, according to The Robins Rev-Up, the Robins Air Force…