This week in military justice — St. Crispin’s Day 2009 edition

By Dwight Sullivan, October 25, 2009

Happy St. Crispin’s Day!

This week at the Supremes:  The pro se IFP cert petition in Brewer v. United States, No. 09-6800, has been distributed for Friday’s conference.

This week at CAAF:  CAAF has no oral arguments scheduled this week.  It’s now been just more than a month since the first five cases of the term were argued.  It’s probably still a bit early to send a look-out up to the CAAFlog crow’s nest.

This week at the CCAs: On Tuesday, the case of United States v. Stevenson returns to NMCCA yet again.  Here are the issues being argued:  

I. WHETHER THE SEARCH WARRANT AUTHORIZING THE SEARCH AND SEIZURE OF APPELLANT’S BLOOD WAS DERIVATIVE FROM A SOURCE OF INFORMATION INDEPENDENT FROM THE SEIZURE AND SEARCH OF APPELLANT’S BLOOD AT THE VETERANS ADMINISTRATION HOSPITAL.

II. WHETHER THE SEARCH WARRANT WAS VALID IN LIGHT OF APPELLANT’S ARGUMENT THAT STATEMENTS AND OMISSIONS TO THE MAGISTRATE WERE NOT MADE IN GOOD FAITH.

 

categories TWIMJ

7 Responses to “This week in military justice — St. Crispin’s Day 2009 edition”

  1. Phil Cave says:
    October 25, 2009 at 10:46 am   (Quote)
    Reply
  2. JWS says:
    October 25, 2009 at 5:52 pm   (Quote)

    Are the briefs available somewhere? This would be interesting to read in light of the City of Charleston opinion by Stevens.

    Reply
  3. Phil Cave says:
    October 25, 2009 at 6:13 pm   (Quote)

    I agree with JWS. Especially where there is a history of military cases where “civilian” actors (e.g. Exchange security personnel) are held to law enforcement standards.

    Reply
  4. JWS says:
    October 25, 2009 at 6:27 pm   (Quote)

    By that I mean Ferguson v City of Charleston, 532 U.S. 67 (2001).

    Reply
  5. Anonymous says:
    October 26, 2009 at 7:33 am   (Quote)

    Henry V’s St Crispin Day’s speech – courtesy of Shakespeare:

    “If we are mark’d to die, we are enow
    To do our country loss; and if to live,
    The fewer men, the greater share of honour.
    God’s will! I pray thee, wish not one man more.”

    “We few, we happy few, we band of brothers;
    For he to-day that sheds his blood with me
    Shall be my brother; be he ne’er so vile,
    This day shall gentle his condition;
    And gentlemen in England now-a-bed
    Shall think themselves accurs’d they were not here,
    And hold their manhoods cheap whiles any speaks
    That fought with us upon Saint Crispin’s day.”

    Reply
  6. John Harwood says:
    October 26, 2009 at 7:12 pm   (Quote)

    Anniversary of the Battle of Agincourt, n’est pas?

    Reply
  7. Phil Cave says:
    October 26, 2009 at 11:51 pm   (Quote)

    That’s the general idea. One of many battles fought during the 100 years war (actually 116 years of on off combat) between the English and les frogs.

    Reply

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