Not Dead Yet

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 [...]

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AltLaw Beta: Free Boolean-searches of SCOTUS/Federal Courts of Appeal Decisions

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 [...]

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U.S. Court of Military Commission Review: U.S. v. Khadr

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 [...]

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Crack v. Cocaine: The Supreme Court to Rule on Decreased Punishment for Powder Cocaine

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 [...]

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NMCCA: US v. Ledbetter (Aug 07)

The Navy-Marine Corps Court of Criminal Appeals released U.S. v. Ledbetter, No. 200500009, unpublished op.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 [...]

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Lawyering Tip: RSS Legal Feeds

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 [...]

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Ex-Military Smackdown: Court of Federal Claims Cracks the Whip Against “Razor’s Edge of Frivolity” Claims

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 [...]

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NMCCA: US v. Bossheart (Jul 07)

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 [...]

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Supreme Court or YouTube: Scott v. Harris

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 [...]

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UPDATE: Court of Military Commissions and Review Rules available

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, [...]

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POTUS applies Geneva Conventions to the CIA

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 [...]

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NMCCA: US v. Gladden (Jul 07)

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. [...]

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AFCCA: US v. Burton (Jul 07)

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 [...]

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NMCCA: US v. Barr (Jul 07)

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 [...]

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NMCCA: US v. Wright (Jul 07)

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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