Blog Posts in April, 2011
Posted on Apr 29, 2011 By Tim Bilecki
In Smith v. Spisak, 130 S.Ct. 676 (2010) during the sentencing argument at trial, Spisak's counsel's argument was something less than laudatory. He stated, "[s]ympathy, of course, is not part of your ...
Continue reading "Defense counsel’s seemingly pro-prosecution sentencing argument" »
Posted on Apr 26, 2011 By Tim Bilecki
In UNITED STATES v. ZARBATANY, ACM 37448 (A.F.C.C.A. 2010) Zarbatany received 119 days for PTC credit plus an additional 476 days for unusually harsh PTC conditions. With adjudged confinement of only ...
Continue reading "PRE-TRIAL RESTRAINT" »
Posted on Apr 25, 2011 By Military Lawyer
In United States v. Diaz, 69 M.J. 127 (C.A.A.F. 2010) the accused served as a judge advocate at Guantanamo Bay, Cuba. While serving at GITMO, he concluded the Government was improperly refusing to ...
Continue reading "IRREGULAR PLEAS" »
Posted on Apr 22, 2011 By Military Attorney
In United States v. Mott, 2009 WL 4048019 (N-M. Ct. Crim. App. Nov. 27, 2009) (unpublished) the court found a violation of R.C.M. 701(a)(2) and R.C.M. 701(a)(6)/Brady One morning during breakfast on ...
Continue reading "Violation of R.C.M. 701(a)(2) and R.C.M. 701(a)(6)/Brady" »
Posted on Apr 4, 2011 By Military Criminal Defense Lawyer
The issue before the CAAF in United States v. Lubasky, 68 M.J. 260 (C.A.A.F. 2010) was whether the unauthorized use of another person’s credit and bank cards constitute larceny against that person (as ...
Continue reading "Unauthorized Use of Credit Card" »