United States v. Foisy, __ M.J. __, No. NMCCA 201000026 (N-M. Ct. Crim. App. July 20, 2010). (Thanks to an early posting of the decision by CAAFLog.) Rodriguez and Gilbride deal with Mil. R. Evid. 304(h)(2) rule of completeness. Mil. R. Evid. 304(h)(2) is a longstanding rule of completeness pertaining…
From on the road. Air Force Times reports that: Air Force officials are investigating the Wisconsin National Guard’s top commander. Air Force press officials didn’t immediately respond Monday to requests for information on what prompted the Air Force Inspector General’s inquiry into Brig. Gen. Donald Dunbar or what it entails.…
Oooops, Military.com reports that: The drug Ecstasy shows positive results in the majority of patients when used to treat post-traumatic stress disorder, according to a report coming out Monday in the Journal of Psychopharmacology.
crimeandconsequences blog reports a link to: Eugene Sullivan and Louis Freeh propose creation of a Federal District Court for Guantanamo Bay in this WaPo op-ed. Sullivan is a former CJ of the Court of Appeals for the Armed Forces; Freeh is a former district judge and FBI Director. Their proposal…
Here is an new grant from CAAF. No. 10-0494/AF. U.S. v. Caleb B. BEATY. CCA 37478. Review granted on the following issue: WHETHER THE SENTENCE MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE DETERMINED THE SENTENCE BASED ON THE INCORRECT MAXIMUM PUNISHMENT. Briefs will be filed under Rule 25. Note…
Federal Evidence Review has a good reminder that what may appear to be statements admissible as excited utterances may not in fact be so. Thus, defense as always your job is to ensure that the prosecution doesn’t get away with ritualistic or talismanic incantations of, “it’s an excited utterance (or…
In United States v. Eyster, decided by the 3rd Cir. on 14 July 2010, the appellant claimed he was improperly sentenced because the court considered a 1988 court-martial conviction for rape. On appeal, Eyster argues that the District Court erred by increasing his criminal history from Category II to Category…
Not sure where to place this but: No. 10A56 Title: Orly Taitz, Applicant v. Thomas D. MacDonald, Colonel Garrison Commander, Fort Benning, et al. Docketed: Lower Ct: United States Court of Appeals for the Eleventh Circuit Case Nos.: (09-15418) ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ Jul 8 2010 Application (10A56) for…
Oh, For Goodness Sake blog is reporting that Orly Taitz is now assisting in LTC Lakin’s defense? A posting at A Natural Born Citizen . . . Orly? appears to indicate that one of Orly Taitz’s blogs has been taken over – I think by aliens. Oh man what a…
Coast Guard reports indicates that: Rear Adm. Gary T. Blore, commander of the Thirteenth Coast Guard District, has relieved Capt. Fredrick G. Myer from his duties as commander of U.S. Coast Guard Sector Portland, Ore., Friday, citing alleged misconduct due to a violation of military regulations, specifically unauthorized use of…