Articles Posted in Up Periscope

Here’s the trial lawyers guide to those difficult to read, hard to interpret, and impossible to reconcile appellate decisions.

Attribute Everything Mysterious To ‘Quantum Flux’

A reading of Gabriel Fournier’s The Eclipse Of Infinity reveals that the new science-fiction novel makes more than 80 separate references to "quantum flux," a vaguely defined force the author uses to advance the plot, resolve conflict as needed, and account for dozens of glaring inconsistencies.

 

/hat tip the Onion, one of my favorite newspapers.

Lynndie England of Abu Ghraib fame will be speaking about her autobiography this Friday, 14 August 2009, at noon, at the Madison Building of the Library of Congress , Room LM139.

LCPA Veterans Forum
August 14, 2009, 12:00 PM – 1:00 PM
LM 139 First floor James Madison building
Lynndie England discusses her biography "Tortured: Lynndie England, Abu Ghraib and the Photographs That Shocked the World." Contact: (202) 707-5034

/tip Jim Klimaski

We previously noted the serious allegations against attorney Paul Bergrin for alleged racketeering, witness tampering, and murder.

Stunning development

David Kocieniewski, Lawyer’s Ways Spelled Murder, U.S. Is Charging, NY Times, 20 May 2009.  In June Mr. Bergrin plead not guilty to these charges, according to NJ.com.

Sarah Rice, The Star-Ledger
Mr. Bergrin has had a prominent role in defending a number of military personnel.

Here another stunning development.  Here is a report of his having plead guilty in a different case involving a prostitution ring and acting as counsel for the “ring.”

N.J. lawyer pleads guilty to helping run N.Y. prostitution ring, by Joe Ryan/The Star-Ledger.

Bergrin, a former Army major with a thin mustache, wore a dark grey pinstriped suit and red tie today as he stood before Judge Thomas Farber in lower Manhattan. Afterward, he expressed relief at pleading guilty to a misdemeanor. …

Authorities say that’s when Bergrin took over the business. The lawyer was arrested in 2007, charged in indictments with money laundering, conspiracy, promoting prostitution and misconduct by an attorney.

But in the end, prosecutors agreed to much lesser charges. Bergrin faces up to three years probation and must forfeit $50,000 when sentenced Sept. 15. He did not plead guilty to a felony and, consequently, will not automatically lose his right to practice law, said his attorney, Gerald Shargel.

Hours Before Court-Martial, Army Resister Victor Agosto Speaks Out on Why He’s Refusing to Fight in Afghanistanfrom Democracy Now, 5 August 2009.

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Ex-soldier appeals court-martial, Rochelle Hines, Florida AP.  (Hopefully it’s not his lawyer who has the names of the appellate courts wrong.)

Camilo Mejia, 1st GI to Publicly Resist Iraq War, Appeals Bad Conduct Discharge

Mejia-peace-web

Camilo Mejia is the first GI who served in Iraq to have publicly resisted the war. He was imprisoned for refusing to return. Today, he is appealing his bad conduct discharge from the military. We speak to Mejia along with his attorney, Anjana Samant of the Center for Constitutional Rights. [includes transcript]

[Note: sorta in construction]

Many are familiar with my office-in-a-briefcase: the color printer, color scanner, computer, and some peripherals that do — yes — do fit in a briefcase for traveling.  Listed on this page are some items that I use or have come across that are useful in a mobile practice.  Many of the items are free (it’s about overhead remember).  Unfortunately lawyers using a military internet connection or computer may not be able to use all of these items because of restrictions.

Free items:

Army, Rep. Frank investigating charge that soldiers killed gay Iraqis
By CHRIS JOHNSON, Washington Blade | Aug 4 2009, 1:38 PM
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The U.S. military is investigating claims that U.S. service members were involved in committing atrocities against gays in Iraq, although at least one activist is skeptical about the veracity of the allegations.

The U.S. Army Criminal Investigative Command, the service’s primary criminal investigative organization, is looking into the allegations, which were first reported by the Blade last week. An investigator contacted the Blade seeking information on the story.

Here’s an interesting side on the recent exploits of South Carolina’s itinerant governor.

Air Force Reserve opts not to discipline Mark Sanford over marital affair

By Tim Smith • Staff writer • July 29, 2009

COLUMBIA — The U.S. Air Force Reserve considered disciplinary measures against Gov. Mark Sanford over his extramarital affair but has decided to take no action, his command office told The Greenville News.

How many clients ask about property taken by law enforcement and not promptly returned, or had their personal property lost or stolen while they are in pretrial confinement?

There are several methods I’ve used to jog the system, sometimes successfully.

     a.  Property seized in a search with no evidentiary value:  Ask the TC and case agent for an accounting and return of property not considered of evidentiary value; make a motion for return of property, citing as analogy Fed. R. Crim. Pro. 41(g);

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