Recent Posts in Military Defense Category
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Posted on Sep 12, 2011 By Tim Bilecki
Briscoe v. Virginia, 130 S.Ct. 1316 (2010) deals with literal confrontation. At trial, the prosecution introduced, in accordance with Virginia law and over defense objection, two certificates of ...
Continue reading "LITERAL CONFRONTATION" »
Posted on Aug 31, 2011 By Tim Bilecki
In United States v. Roberts, 69 M.J. 23 (C.A.A.F. 2010) the issue was whether the military judge erred in excluding evidence of relationship such that it violated Robert's constitutional ...
Continue reading "Confrontational Rights" »
Posted on Aug 29, 2011 By Tim Bilecki
United States v. Smith, 68 M.J. 445 (C.A.A.F. 2010) deals with the right to confront. The sodomy, extortion, and indecent assault charges stemmed from an allegedly nonconsensual sexual encounter Smith ...
Continue reading "Right to Confront" »
Posted on Aug 26, 2011 By Tim Bilecki
In United States v. Smith, 68 M.J. 445 (C.A.A.F. 2010) the issue was whether Smith was denied his right to confront the accuser. Webster Smith, a Coast Guard Academy Cadet, was convicted, contrary to ...
Continue reading "RESTRICTIONS ON CONFRONTATION IMPOSED BY LAW" »
Posted on Aug 12, 2011 By Tim Bilecki
United States v. White, No. 20061313 (A. Ct. Crim. App. Aug. 11, 2010) (unpublished) deals with the issue of a member expecting a guilty accused to plead guilty. During individual voir dire, panel ...
Continue reading "Member expects a guilty accused to plead guilty" »
Posted on Aug 10, 2011 By Tim Bilecki
United States v. Hudson, No. 37249 (A.F. Ct. Crim. App. Aug. 23, 2010) (unpublished) deals with the issue of a member having contact during trial with the SJA. Following voir dire and challenges but ...
Continue reading "Member had contact during trial with SJA" »
Posted on Aug 8, 2011 By Tim Bilecki
In United States v. Bagstad, 68 M.J. 460 (C.A.A.F. 2010) the accused was tried at special court-martial by a threemember panel composed of one Marine captain (Capt O-3), one first sergeant (1stSgt ...
Continue reading "IMPLIED BIAS - GENERALLY" »
Posted on Jul 25, 2011 By Tim Bilecki
United States v. Davis, NMCCA 200900406 (N-M. Ct. Crim. App. Dec. 15, 2009) (per curiam) (unpublished) deals with military judge questioning witnesses. Accused pled guilty to conspiring to steal and ...
Continue reading "MILITARY JUDGE RECUSAL - MISCELLANEOUS." »
Posted on Jul 22, 2011 By Tim Bilecki
United States v. Martinez, 69 M.J. ____ (A. Ct. Crim. App. Oct. 7, 2010) deals with improper conduct of the judge with other judge. The accused in this case was initially arraigned by a military judge ...
Continue reading "IMPROPER CONDUCT WITH OTHER JUDGE" »
Posted on Jul 21, 2011 By Time Bilecki
R.C.M. 902(a) provides "a military judge shall disqualify himself or herself in a proceeding in which that military judge's impartiality might reasonably be questioned." R.C.M. 902(e) ...
Continue reading "MILITARY JUDGE RECUSAL" »
Posted on Jun 14, 2011 By Tim Bilecki
United States v. Rendon, 607 F.3d 982 (4th Cir. 2010) deals with the issues if lawful inspection under M.R.E 313 and unlawful Fourth Amendment search. The issue before the court was simple: was the ...
Continue reading "Lawful inspection under M.R.E. 313 versus an unlawful Fourth Amendment search." »
Posted on Jun 11, 2011 By Time Bilecki
United States v. Comprehensive Drug Testing, Inc., 2010 WL 3529247 involves the federal investigation into steroid use by Major League Baseball players as well as Bay Area Lab Cooperative (Balco). The ...
Continue reading "Abuse of Power" »
Posted on Jun 7, 2011 By Tim Bilecki
In United States v. Comprehensive Drug Testing, Inc., 2010 WL 3529247 the issue was whether the government abused its power in the request and execution of warrants and subpoenas. This case began with ...
Continue reading "Plain view" »
Posted on Jun 4, 2011 By Tim Bilecki
United States v. Cote, AFCCA, Misc. Dkt. No. 2009-15, 6 Apr 2010 deals with lawful search of a computer device. Appellee was investigated by the North Dakota Bureau of Criminal Investigation (NDBCI) ...
Continue reading "Lawful search" »
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 ...
Continue reading "Corroboration" »
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" »
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" »
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