UPDATE–MOHAMED v. JEPPESEN DATA PLAN

In February I wrote a post, No Change Here about the oral argument in the Ninth Circuit case, Mohamed V. Jeppesen Data Plan, in which the Obama administration announced its intention to carry out the Bush administration’s plan to attempt to prevent Binyam Mohamed and several other individuals who had been subject to extraordinary rendition from suing the Boeing subsidiary, Jeppesen Data Plan for its part in aiding the government’s transport of Mohamed and others as part of the extraordinary […] Read more »

THE SUPREME COURT REVERSES DEATH PENALTY FOR FAILURE OF THE TENNESSEE COURTS TO GIVE DEFENDANT A FAIR HEARING ON BRADY ISSUE

The Supreme Court on a writ of habeas corpus reversed a sentence of death in a Tennessee case based upon the failure of the prosecutor to comply with the requirements of Brady v. Maryland Brady required prosecutors to provide discovery of all ameliorating evidence in their possession or the possession of investigating police departments. In Cone v. Bell, Warden the question was not whether the prosecutor had complied with Brady. All agreed it had not. But the question was whether […] Read more »

FIRST CIRCUIT COURT OF APPEALS UPHOLDS TERRY SEARCH

In the seminal case of Terry v. Ohio the Supreme Court held that their are three levels of contact between the police and civilians and for each level of contact their is a corresponding permissible level, under the Fourth Amendment, of invasive behavior. The lowest level involves a consensual encounter. In this case no force is used and any search must be agreed to by both sides. At the other extreme the police have probable cause to arrest someone. Since […] Read more »

FEDERAL COURT ADOPTS NEW STANDARD FOR GUANTANAMO WRITS

A Federal judge set a new standard, according to an article in Jurist for habeas relief for prisoners accused of terrorism replacing the Bush administration’s enemy combatant standard. The new standard, supported by the Obama government is meant to comply with international laws of war and the government’s Authorization for Use of Military Force, which was passed by Congress in the immediate aftermath of the 9/11 attacks. The new standard allows for the detention of those “who were part of, […] Read more »

ABDIWALI ABDIQADIR MUSE CHARGED WITH PIRACY

Abdiwali Abdiqadir Muse was charged by the government with being the surviving pirate who kidnapped the captain and crew of the Maersk Alabama. off the coast of Somalia. He was charged with numerous counts including piracy. 18 USC 1851 which defines piracy is quite simple: Whoever, on the high seas, commits the crime of piracy as defined by the law of nations, and is afterwards brought into or found in the United States, shall be imprisoned for life. The statute […] Read more »

THE SUPREME COURT REAFIRMS CHIMEL AND MODIFIES BELTON

In 1969 the Supreme Court rejected a search incident to arrest where the area searched exceeded the area adjacent to the area where the defendant was arrested in Chimel v. California. The Court explained that the purpose of the search incident to arrest exception to the warrant rule was to protect law enforcement agents and to prevent the destruction of evidence. Therefore, the court ruled that a search incident to an arrest was only legitimate if the area searched was […] Read more »

TWO LAWYERS THREATENED WITH PRISON FOR WRITING TO OBAMA

Attorneys Clive Stafford Smith and Ahmad Ghappour face six months in prison for writing to President Obama according to an article in SF Gate, They represent Mohamed Binyam Mohamed who was renditioned and tortured while under the control of the CIA. Eventually he ended up at Guantanamo. He was released after he sued Jeppson Dataplan, a subsidiary of Boeing, that was involved in his extraordinary rendition. (He turned down an earlier release which came with the condition that he not […] Read more »

THE LAW WORKS FOR SOME . . .

NSA wiretaps exceeded the law, according to New York times story. After 9/11 Congress gave the NSA enlarged power to wiretap individuals but the targets of the wiretaps had to be “reasonably believed” to be outside the United States. Apparently a significant number of people wiretapped under the law were in the United States. To prosecute any of the NSA personnel it would have to be proved that they knew that it was not reasonable to believe that the target […] Read more »

HOW STUPID CAN YOU GET No. 5

I found two items on Yahoo today. In the first episode a 28 year old man was jailed for urinating on a 66 year old woman during a Continental Flight from Los Angeles to Hawaii. In the second episode a 54 year old Louisiana man was charged with aggravated battery after stabbing his 63 year old brother with a knife during an argument about pork and beans. What do both episodes have in common? The two brothers and the man […] Read more »