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7 Dec 2008, 9:33 pm
If we learn of any reported CCA decisions, we'll post links and synopses.This week at the trial level: We understand that military commission proceedings will occur at Guantanamo this week in the case of United States v. [read post]
4 Dec 2008, 11:11 pm
But today is such a day, which reflects both the importance of today's lead story -- Staff Sergeant Martinez's acquittal -- and the doctrinal insignificance of the case CAAF released today, United States v. [read post]
4 Dec 2008, 11:05 pm
The first was also an Army case, United States v. [read post]
1 Dec 2008, 11:23 am
Ed. 2d542 (2000) (citing Martinez-Villareal, supra); seealso Felker v. [read post]
30 Nov 2008, 4:28 pm
"On Wednesday, CAAF will hear argument in United States v. [read post]
26 Nov 2008, 3:05 am
If the case goes past next week, which seems likely if the members return the unanimous finding of guilty to premeditated murder that would be necessary for the sentencing case to be capital, then court-martial proceedings will break for the week of 8 December because that week the military judge in the case, Army Colonel Stephen Henley, will be presiding over the military commission case of United States v. [read post]
24 Nov 2008, 9:25 pm
As reported by the Fayetteville Observer here, the defense rested today in the capital court-martial of United States v. [read post]
23 Nov 2008, 3:35 pm
We'll be following developments and will report the outcome.At the court-martial level, on Monday the defense is expected to rest its case-in-chief in the capital court-martial of United States v. [read post]
15 Nov 2008, 9:10 am
These allegations, which must be accepted as true on a motion to dismiss (see Leon v Martinez, 84 NY2d 83, 87), are sufficient to state a cause of action (see NWE Corp v Atomic Risk Management, 25 AD3d 349 [1st Dept 2006]). [read post]
27 Oct 2008, 3:49 pm
Pruitt, No. 06-6002 Given the particular characteristics of North Carolina sentencing law, in light of recent United States Supreme Court precedent, in determining whether to apply the career offender provision of the United States Sentencing Guidelines, a federal court must take into account the defendant's state criminal history (or lack thereof) at the time of his predicate North Carolina convictions. [read post]
8 Oct 2008, 8:01 am
Two recent cases show the discretion a trial court holds on whether to hold a formal Daubert hearing, in United States v. [read post]
2 Oct 2008, 4:27 am
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES OF AMERICA ex rel. [read post]