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A Call For Comment: Restyling And Amending The Federal Rules Of Criminal Procedure, David A. Schlueter

Faculty Articles

In August 2000, the Judicial Conference’s Committee on Rules of Practice and Procedure published—for public comment—proposed amendments to the entire set of Federal Rules of Criminal Procedure. The proposals mark the culmination of a two-year project to “restyle” the rules—to modernize and reorganize and to make them internally consistent in format and style. Not since the rules were first promulgated in 1946 has there been such a significant change in the structure, format, and substance. This article first addresses the rule-making process for the Federal Rules of Criminal Procedure, and then examines the restyling process. Finally, it notes several of …

Class Of 2002 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2002

Class Of 2001 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2001

Class Of 2000 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2000

Class Of 1999 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 1999

Class Of 1998 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 1998

Class Of 1997 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 1997

Class Of 1996 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 1996

Class Of 1995 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 1995

Class Of 1994 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 1994

Military Justice For The 1990’S: A Legal System Looking For Respect, David A. Schlueter

Faculty Articles

Noting that the American military justice system is often the subject of criticism and derision, the author explores the criticisms often leveled at the military justice system and targets a number of areas where the system seems most vulnerable, such as size and composition of the courts-martial, the role of the commander in the system and offers suggestions for reform.

Class Of 1993 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 1993

Investigative Detentions For Purposes Of Fingerprinting, David A. Schlueter

Faculty Articles

This article focuses on constitutional issues associated with fingerprinting suspects in investigative detention. Following a series of barracks larcenies, Naval Investigative Service (NIS) investigators fingerprinted approximately 100 servicemembers. All those ordered to report to the NIS office for fingerprinting had been present in the unit at the time of the offenses, and among those was the accused, who was later linked to the crime through his fingerprints. Before the accused reported to the NIS office there was no probable cause or reasonable suspicion to believe that he was in any way involved in the crimes. Were the fingerprints admissible?

United …

Judicial Federalism And Supreme Court Review Of State Court Decisions: A Sensible Balance Emerges, David A. Schlueter

Faculty Articles

State courts are free to exercise final authority as arbiters of state law and adopt state standards that protect individual rights more than federal law. While state courts have responded to such urgings with expansive rulings, they have not always been careful about spelling out in their decisions whether they were relying on state law, federal law, or both. This judicial imprecision creates a jurisdictional dilemma for the Supreme Court when it is asked to review the state court decision. If the state's decision rests on independent and adequate state grounds, the Court will apply judicial restraint and decline review. …

Court-Martial Jurisdiction: An Expansion Of The Least Possible Power, David A. Schlueter

Faculty Articles

This article examines the statutory and judicial developments that have apparently expanded military jurisdiction. Serving as the core for this discussion is the amendment to Article 2, UCMJ, and the Court of Military Appeals’ decision in United States v. Trottier, 9 M.J. 337 (C.M.A. 1980), dealing with subject matter jurisdiction of courts-martial over drug-related offenses by service members.

Bodily Evidence And Rule 312, M.R.E., David A. Schlueter

Faculty Articles

n addressing the issues of obtaining bodily evidence, such as bodily fluids, from a suspect, Rule 312 of the Military Rules of Evidence must be considered in conjunction with the issues of self-incrimination, due process, and the Fourth Amendment. The Rule describes the procedures for collection of bodily evidence of service members. For example, a service member may not invoke the right against self-incrimination for external bodily evidence, but may when bodily fluids or cavity searches are requested. Any nonconsensual search may be conducted if it is both reasonable and performed under one of the authorized procedures of Rule 312. …

Tempia, Turner, Mcomber And The Military Rules Of Evidence: A Right To Counsel Trio With The New Look, David A. Schlueter

Faculty Articles

The potential for litigating right to counsel issues is ripe, and the new Military Rules of Evidence and recent case law ensure ample opportunity for litigation. Several significant developments in the law of military interrogations warrant an examination of a military suspect’s right to counsel. A series of Court of Military Appeals decisions have either clarified or expanded military case law on military interrogations. The pending new Military Rules of Evidence will implement a large amount of military case law, in some instances alter existing law, and more closely align military interrogation practices with prevailing civilian rules. Counsel should focus …

Wagner, Valadez And Harrison: A Definitive Enlistment Trilogy, David A. Schlueter

Faculty Articles

One area where enlistment law has received keen scrutiny is the subject of enlistment contracts vis a vis the question of personal jurisdiction. The Court of Military Appeals’s decision in United States v. Wagner served as the keystone for the Valadez and Harrison decisions. The Court in Wagner established the concept of constructive enlistment, which it subsequently relied on in Valadez and Harrison.

In Wagner, the court addressed whether a regulatory disqualification in and of itself voids the original enlistment contract for purposes of court-martial jurisdiction. The Court stated the regulation in question was not sufficient to void Wagner’s enlistment …

The Enlistment Contract: A Uniform Approach, David A. Schlueter

Faculty Articles

The author explores the history of various jurisdictional and administrative issues that arise under consideration of a service member’s enlistment contract. He proposes a change to the Uniform Code of Military Justice to codify the constructive enlistment doctrine for establishing personal court-martial jurisdiction over service members whose enlistment contracts and entry onto active duty were facilitated by recruiter misconduct. The proposal later became part of amendment to Art. 2, U.C.M.J..

Constructive Enlistments: Alive And Well, David A. Schlueter

Faculty Articles

Despite the predicted demise of the doctrine of constructive enlistments, recent case law from the Courts of Military Appeals has extended its existence. The constructive enlistment is recognized as a means of changing one’s status from civilian to servicemember where some deficiencies exist in the formal enlistment process.

In a trio of cases, United States v. Brown, United States v. Catlow, and United States v. Russo, the Court of Military Appeals laid a firm foundation for estopping the government from relying upon constructive enlistments in order to establish in personam court-martial jurisdiction. This trio of cases raised more questions than …

Captain’S Advisory Council Notes, David A. Schlueter

Faculty Articles

On 24 and 25 June 1974, the Captain’s Advisory Council, with the cooperation of the Fort Meade JAG shop, sponsored a Regional Continuing Legal Education Conference at Fort Meade. The purpose of the conference was to provide a medium for presenting a continuing legal education program which would complement existing programs as well as allow junior officers of the JAG Corps to meet in a relaxed, yet productive, atmosphere. After a Council subcommittee outlined a tentative agenda, council members representing various fields of military law planned and implemented general presentations to the conference as a whole, as well as seminars …