Sentencing Law & Policy reports: This remarkable local story out of Montana, which is headlined "Man blames PTSD for child pornography downloads," reports on another notable sentence break given to a notable child porn offense. Here are the details, which spotlight many of the hottest issues in current federal sentencing…
I posted the other day about an 11th Circuit decision on extra-territoriality of 18 U. S. Code 2251A. Here is an article, courtesy of CrimProfBlog that may be of some interest on that subject. Jeffrey A. Meyer (Quinnipiac University – School of Law) has posted Dual Illegality and Geoambiguous Law:…
I’ve posted before about issues with forensic testing and police controlled laboratories (including military drug testing laboratories). Here is an article from my old crim law professor, a former Army JA. You’ve also heard me frequently talk about confirmatory bias in regard to police investigations and other investigations. Paul C.…
Thanks to Federal Evidence Review for a good summary of cases and issues involving 404(b) issues in federal courts.
FoxNews reports that: Hall, a soldier out of Fort Stewart in Georgia, recorded a rap song last July called “Stop Loss” after he was notified that his military contract was being extended. Army soldiers who are “stop-lossed” must complete additional tours of duty. In his song, Hall raps about walking…
Thanks to OpinoJuris for pointing us to the 11th Circuit decision in United States v. Frank. You will recollect that CAAF has found that the CP related statutes don’t apply overseas. Here is part of the OJ summary. The Eleventh Circuit upheld the conviction finding that (1) Miranda warnings were…
United States v. Blazier. Here are the relevant portions of the opinion written by Judge Ryan for the moment. This case presents the question whether the admission of drug testing reports” over defense objection violated Appellant’s rights under the Sixth Amendment’s Confrontation Clause. The antecedent question, whether certain admitted evidence…
North County Times reports: That the military judge “ruled prosecutors must show beyond a reasonable doubt that unlawful command influence hasn’t tainted the manslaughter case against a Camp Pendleton Marine accused of taking part in the 2005 slayings of 24 Iraqi civilians.” This means the defense was successful so far…
Marine Corps Times reports: Eight Marines were charged in the biggest criminal case against U.S. troops to arise from the Iraq war. Six have had charges dismissed, and one was acquitted. Whether the only remaining and perhaps highest-profile defendant stands trial may hinge on what happens this week in a…
United States v. Ferguson We granted review to determine whether the military judge erred by accepting Appellant’s guilty plea to indecent exposure. We hold that there is no substantial basis in law or fact to question Appellant’s plea to indecent exposure and affirm the judgment of the United States Air…