Recent Posts in US Supreme Court Category
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 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 Jan 25, 2011 By Military Defense Lawyer
The Supreme Court's rulings in United States v. Valenzuela-Bernal, 458 U.S. 858 (1982) and Davis v. Alaska, 415 U.S. 308 (1974) provide insight into the manner in which the court will analyze the ...
Continue reading "Admission of Evidence the Exclusion of Which Would Violate the Constitutional Rights of the Accused" »
Posted on Aug 6, 2010 By Criminal Defense Attorney
In LUIS E. MELENDEZ-DIAZ, PETITIONER v. MASSACHUSETTS 2009 U.S. LEXIS 4734, the Supreme Court held that the admission of the certificates violated the petitioner's Sixth Amendment right to confront ...
Continue reading "Sixth Amendment Right to Confront the Witnesses" »
Posted on May 20, 2010 By Court Martial Defense Attorney
In United States v. Rogers, 67 M.J. 162 (C.A.A.F. 2009) the issue before the court was whether there was probable cause to issue a search authorization to examine the Appellant's hair for drug use. ...
Continue reading "Search and Seizure – Probable Cause" »
Posted on May 19, 2010 By Military Defense Attorney
Police can search the vehicle incident to a recent occupant's arrest only when the arrestee is within reaching distance of the passenger compartment at the time of the search or the police have reason ...
Continue reading "Vehicle Search-Incident-To Arrest" »