Posted in Appellate Law, Culture, Humor, Languages on 31 August 2007 | 2 Comments »
The Volokh Conspiracy links to this opinion by Judge Boyce Martin of the Sixth Circuit, where she declares:
Because collateral estoppel precludes future litigation of one specific issue, and because that is what the state effectively asks us to find, we construe their argument as one for collateral estoppel rather than res judicata, despite the substitution [...]
Posted in Appellate Law, Criminal Law, Education, International, Law, Supreme Court, Tech on 30 August 2007 | No Comments »
AltLaw, the newest and one of the more promising internet legal resources to hit the scene, is now up and running and available for free public advanced searches of case law.
It’s a sort of Google for Supreme Court and Federal Circuit Courts of Appeal decisions, and clearly holds promise to democratize the availability of relevant [...]
Posted in Appellate Law, Law, Military Justice, Military Law on 23 August 2007 | 1 Comment »
The first hearing of the U.S. Court of Military Commission Review is scheduled to hold its first hearing on 24AUG07. The hearing will hear argument regarding the dismissal of charges against Omar Ahmed Khadr because of a flaw in the Combatant Status Review Tribunals for Guantanamo Bay prisoners. See [...]
Posted in Appellate Law, Law, Supreme Court on 17 August 2007 | 2 Comments »
The Supreme Court added to its docket United States v. Kimbrough, 06-6330, which involves the application of the United States Sentencing Guidelines (”Guidelines”).
Note - Crack cocaine (hereinafter “crack“ 
is cocaine hydrochloride that is processed with baking soda to form of cocaine capable of [...]
Posted in Appellate Law, Criminal Law, Law, Military Justice, Military Law on 14 August 2007 | No Comments »
The Navy-Marine Corps Court of Criminal Appeals released U.S. v. Ledbetter, No. 200500009, unpublished op. (N.M.Ct.Crim.App. 14 Aug 2007). SPCM, military judge alone, guilty pleas, Arts 80, 81, 91, 95, 108, and 134. Sentence: 5 months, E-1, forfeiture of $500 pay per month for 6 months, and BCD. Appellant claimed (1) improvident [...]
Posted in Appellate Law, Criminal Law, Law, Military Justice, Military Law, Supreme Court, Tech, Windows Vista on 5 August 2007 | 4 Comments »
If any of you use RSS readers or depend on the internet for news related to your profession (or simply for enjoyment), you should be familiar with Netvibes. Netvibes is perhaps one of the more elegant and streamlined RSS readers out there. It’s been my intention to post a full review of the [...]
Posted in Appellate Law, Health, Law, Military Justice, Military Law, Political Commentary on 4 August 2007 | No Comments »
In five recent cases last week, two of which are by ex-military members , the Court of Federal Claims has dismissed the cases because “Plaintiff’s counsel has submitted filings which contain numerous errors and exhibit a fundamental misunderstanding of this Court’s jurisdiction.“ (emphasis added). The court referred the matters, along with three other cases, to the Chief [...]
Posted in Appellate Law, Criminal Law, Law, Military Justice, Military Law on 30 July 2007 | No Comments »
26 July 2007, Navy-Marine Corps Court of Criminal Appeals released U.S. v. Bossheart, No. 200602420, unpublished op. (N.M.Ct.Crim.App. 26 Jul 2007). GCM, military judge alone, guilty pleas to Arts 80 and 8 specs of 112a drug offenses. Sentence: 3 years, E-1, BCD. CAX approved but per PTA suspended all confinement in excess [...]
Posted in Appellate Law, Culture, Law, Supreme Court on 26 July 2007 | 1 Comment »
Scott v. Harris, 127 S.Ct. 1769 (2007), involves a 42 U.S.C. § 1983 action against a state police officer. Harris was involved in a high-speed chase, during which he was being chased by the police. Deputy Scott pulled Harris over by hitting the rear of his car, known [...]
Posted in Afghanistan, Appellate Law, International, Law, Military Justice, Military Law, Supreme Court on 24 July 2007 | No Comments »
The Pentagon has freshly updated and made available to the public a cartload of Military Commissions materials. Earlier this month we noted that the site hadn’t been updated for several months. That’s been remedied. On the site are:
Rules of Practice for the Court of Military Commission and Review
After a very quick perusal, [...]
Posted in Afghanistan, Appellate Law, International, Iraq, Law, Military Justice, Military Law, Politics, Supreme Court on 21 July 2007 | No Comments »
The President yesterday signed an Executive Order, entitled “Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency.”
The White House Press release is HERE, and the full text of the Executive Order follows below my brief analysis.
Note that the Military Commissions Act [...]
Posted in Appellate Law, Criminal Law, Law, Military Justice, Military Law on 20 July 2007 | No Comments »
U.S. v. Gladden, NMCCA 200600905 (N.M.Ct.Crim.App. 2007). SPCM for use of cocaine, Art. 112a. Appellant challenged the probable-cause determination underlying her command-directed urinalysis. Appellant was to begin a period of leave, but before leaving work she was informed that she had been selected to participate in the random urinalysis test. [...]
Posted in Appellate Law, Criminal Law, Military Justice, Military Law on 19 July 2007 | No Comments »
16 July 2007, Air Force Court of Criminal Appeals released U.S. v. Burton, ACM 36296, (A.F.Ct.Crim.App. 16 Jul 2007). GCM, officer and enlisted members, contested, Arts 120, 125, and 134. Sentence: 8 years, E-1, DD. Convening Authority disapproved findings of guilty to indecent acts and consensual sodomy, and approved adjudged sentence, but reduced [...]
Posted in Appellate Law, Criminal Law, Military Justice, Military Law on 18 July 2007 | No Comments »
17 July 2007, Navy-Marine Corps Court of Criminal Appeals released U.S. v. Barr, No. 200602492 (N.M.Ct.Crim.App. 17 Jul 2007). SPCM, military judge alone, guilty pleas, Arts 112a and 134. Sentence: 6 months, E-1, BCD. Convening Authority’s Action (”CAX” failed to note RCM 305(k) judicially ordered confinement credit. The Court held: it was [...]
Posted in Appellate Law, Criminal Law, Military Justice, Military Law on 18 July 2007 | No Comments »
17 July 2007, Navy-Marine Corps Court of Criminal Appeals released U.S. v. Wright, No. 200602491 (N.M.Ct.Crim.App. 17 Jul 2007). SPCM, military judge alone, guilty pleas, Arts 86, 87, 107, 121, 134. Sentence: 180 days, E-1, BCD. CCA rebuffs challenge to providency of pleas to communicating threats where the Appellant (1) told [...]
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