Blog Posts in May, 2011
Posted on May 30, 2011 By Tim Bilecki
United States v. Cowgill, 68 M.J. 388 (C.A.A.F. 2010) deals with probable cause. The issue was whether there was sufficient probable cause for a search warrant when a portion of the search warrant ...
Continue reading "Probable cause" »
Posted on May 27, 2011 By Tim Bilecki
In United States v. Coons, No. 200900366 (N-M. Ct. Crim. App. Dec. 22, 2009) (unpublished), the issue was whether the military judge erred by suppressing the appellee's statement for lack of ...
Continue reading "Suppressing the appellee’s statement for lack of corroboration" »
Posted on May 24, 2011 By Tim Bilecki
United States v. Burghardt, No. Misc. 2009-13 (A.F. Ct. Crim. App. Mar. 5, 2010) (unpublished) deals with corroboration. At an interview with AFOSI, the appellee admitted in writing and orally to ...
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Posted on May 21, 2011 By Time Bilecki
United States v. Kirk, No. Misc. 20100443, 2010 WL 3544577 (A. Ct. Crim. App. July 28, 2010) (unpublished) deals with the issue of who must warn. This case is an Article 62, UCMJ, appeal by the ...
Continue reading "Who Must Warn?" »
Posted on May 19, 2011 By Tim Bilecki
In United States v. Cox, No. 20080819, 2010 WL 3522561 (A. Ct. Crim. App. Jan. 11, 2010) (unpublished) the convening authority took action in this case in sixty-one days after trial, but then the ...
Continue reading "Unreasonable delay" »
Posted on May 16, 2011 By Tim Bilecki
In United States v. Miranda-Zapata, No. 200800865 (N-M. Ct. Crim. App. Jan. 19, 2010) (unpublished) the accused pled guilty, inter alia, to conspiring to distribute morphine. Though not raised by the ...
Continue reading "UNCONDITIONAL GUILTY PLEA – DOES NOT WAIVE FAILURE TO STATE AN OFFENSE." »
Posted on May 15, 2011 By Tim Bilecki
In United States v. Mann, 592 F.3d 779 (7th Cir. 2010) Mann who was a lifeguard instructor for the Red Cross being investigated for voyeurism. A search warrant for his home covered "video tapes, CD's ...
Continue reading "Scope of Warrant" »
Posted on May 11, 2011 By Tim Bilecki
In United States v. Ferguson, 68 M.J. 431 (C.A.A.F. 2010) the accused communicated on-line with a police officer posing as a fourteen-year-old boy. During their first conversation, the accused ...
Continue reading "LEGAL SUFFICIENCY OF FACTUAL PREDICATE IN GUILTY PLEA." »
Posted on May 6, 2011 By Tim Bilecki
In United States v. Darling, Army 20070449 (2010) the issue was should counsel concede guilt during sentencing after consistently denying guilt during findings. Darling pled guilty to an AWOL charge ...
Continue reading "Conceding guilt" »
Posted on May 2, 2011 By Tim Bilecki
In United States v. Molina, 68 M.J. 532 (C.G.C.C.A. 2009) the court had to determine if (i) DC was ineffective for telling his client that if he pled guilty, he would not have to register as a sex ...
Continue reading "DC not ineffective" »