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... 547 U.S. 103 (2006), does not apply to the consent search of appellant's marital home where agents from the Marine Corps' Criminal Investigation Division (CID) first received appellant's unequivocal objection to a search of his marital home and ... from appellant's wife, both of whom were physically located in separate interrogation rooms in CID's building on Marine Corps Base Hawaii, Kaneohe Bay, Hawaii. II. Whether, assuming arguendo that the search of appellant's marital home was unreasonable in ...

As the North County Times reports, here, the Commandant of the Marine Corps has assigned Lt. Gen. George Flynn, Deputy Commandant for Combat Development and Integration, HQMC and Commanding General of the Marine Corps Combat Development Command as the new CA in the LtCol Chessani court martial. We'll let you know if charges follow. Our prior posts on the Chessani case are too numerous to list, start here. h/t to Thomas Moore Law Center website, here.

... ." Id. On the contrary, the PSLRA's heightened pleadings standards requires that falsity be pleaded with particularity, and this requirement "cannot be satisfied with allegations that defendants made statements 'and then showing in hindsight that the statement is false.'" Id. (quoting In re Navarre Corp. Sec. Litig., 299 F.3d 735, 743 (8th Cir. 2002)). Plaintiffs' failure to "point to any contemporaneous reports, ...

Here is a link to our Caaflog.com hosted version of the ex writ filed in the Navy-Marine Corps Court of Criminal Appeals by counsel for former Sgt. Jessie Quintanilla, whose re-sentencing after reversal of his death sentence continues at Camp Pendleton. The Ex Writ is based on the military judge's refusal, see orders here and here, to consider LWOP a permissible sentence for Quintanilla or allow a PTA provision that includes waiver of the right to request clemency and parole board review of his ...

Navy-Marine Corps Appellate Government asked NMCCA for En Banc reconsideration in United States v. Chessani, the unlawful command influence case involving the court-martial of LtCol Chessani for alleged failings in investigating killings in Haditha in November 2005. Here is a link to the motion. See full CAAFlog coverage of the facts of the case here and here. Essentially the government motion says, yes, we did provide compelling evidence to rebut the improper flow down of UCI taint--which ...

The Navy-Marine Corps Court of Criminal Appeals published a new opinion yesterday, United States v. Garner, No. 200800481, __ M.J. __ (N-M. Ct. Crim. App. May 19, 2009). The opinion affirms the findings and sentence, but on its way there the opinion has an extensive analysis of the "substantial step" requirement for the offense of attempting to entice a minor to engage in illegal sexual activity under § 2422(b) and finds unreasonable multiplication of charges. Here is the opinion's bottom line ( ...

... conflicts in which Congress had not formally declared a state of war. But this is the first test case, according to Michael Navarre, a senior associate at Steptoe & Johnson in D.C. and a contributor to a military justice blog called CAAFlog. The ... who, prior to law firm life, served in the Judge Advocate General's Corp in the U.S. Navy. "It raises an interesting constitutional issue," Navarre told the Law Blog. "How do contractors fit into US law and the law of war? If there was a scheme out ...

... remain rare. And given that rarity, I don't think this story rises to the level of the most significant of the year. Having noted Navarre, M.J.'s dissent, let's move onto substantive matters. In 1968, Mr. Raymond G. Averette was a ... dangerous weapon arising from a stabbing at Contingency Outpost 4, Iraq, in February 2008. On 22 June 2008, according to a Multi-National Corps - Iraq press release, Mr. Ali appeared at a court-martial and "pleaded guilty to wrongful appropriation of a knife owned by ...