No. 21-0111/AR. U.S. v. Jesse M. Thompson. CCA 20180519. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted on the following issue:
WHETHER APPELLANT IS ENTITLED TO RELIEF UNDER R.C.M. 914.
This is the military incorporation of the Jenck's Act. Keep in mind counsel are encouraged to produce such statements prior to trial.
United States v. Tate. In response to a government request for reconsideration of its initial opinion, the court reverses itself.
“Appellee requests this court reconsider our decision finding the convening authority improperly approved appellant's sentence without a substantially verbatim transcript, in violation of Rule for Courts-Martial [R.C.M.] 1103(f).
United States v. Sartori. Appellant alleged IAC for failing to raise an unreasonable multiplication of charges motion and inadequate voir dire of a member. The member had read an Army Times article about the case and had discussed it with his wife. A challenge to the member was denied. The court found “no "reasonable probability [existed] that [an UMC motion) would have
United States v. MacWhinnie. Appellant argued that it was an abuse of discretion to admit non-child pornography to show the litany of reasons in Mil. R. Evid. 404(b) and that the conviction of viewing is factually insufficient. Finding no error the court approved the findings and sentence.
PENDING APPELLATE CASES
United States v. Lindor. An agent with the Army Criminal Investigation Command assigned to Fort Hood was charged with murder this week in the two-year-old death of his wife at their off-base home, service officials said Friday. He is also was charged with attempt to violate the Federal Biological Weapons statute, failure to obey a lawful order, failure to obey a general regulation, dereliction of duty and obstruction of justice, Grey said.
WORTH THE READ
Toksen & Waldman, Social Norms in Fourth Amendment Law. 120 MICH. L. REV. (forthcoming) 2021.
Courts often look to existing social norms to resolve difficult questions in Fourth Amendment law. In theory, these norms can provide an objective basis for courts’ constitutional decisions, grounding Fourth Amendment law in familiar societal attitudes and beliefs. In reality, however, social norms can shift rapidly, are constantly being contested, and frequently reflect outmoded and discriminatory concepts. This Article draws on contemporary sociological literatures on norms and technology to reveal how courts’ reliance on norms leads to several identifiable errors in Fourth Amendment jurisprudence.
This may be of importance as we now hear that Justice Gorsuch has himself taken an interest in the modern application of Fourth Amendment jurisprudence. See here on SCOTUSBlog.
Pardieck, Edkins, & Dervan, Bargained Justice: The Rise of False Testimony for False Pleas. 44 FORDHAM INT’L. L. J. (2020).
The authors conducted a multi-year psychological deception study in the United States, Japan, and South Korea to gain greater understanding of the phenomenon of false pleas of guilty by the innocent. The study also explored whether innocent participants would be willing to offer false testimony in return for the benefits of a plea bargain. Our data indicate that a significant number of individuals are not only willing to falsely plead guilty in return for a benefit, they are also willing to falsely testify against others in official proceedings to secure those advantages for themselves. This is the first time laboratory research has demonstrated the false plea phenomenon in different countries, cultures, and legal systems. It is also the first time laboratory research has documented the phenomenon of false testimony in return for the benefits of a plea bargain. The article also contains information regarding the history of plea bargaining in the United States, Japan, and South Korea, a discussion of the current debate about plea bargaining in each jurisdiction, and a brief review of potential paths forward to address plea bargaining's innocence problem.
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