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VA Supreme Court Rejects Increasing Right to Additional Discovery

In a surprising move, the Virginia Supreme Court did not adopt any of the recently proposed changes to a defendant’s right to discovery in Virginia criminal cases.  While each party in a civil case has a right to nearly every non-privileged document that the other party possesses, a defendant’s right to the prosecution’s evidence in a criminal case is severely curtailed.  Recognizing that Virginia lags behind most other states in providing discovery in these cases, a Special Committee on Criminal Discovery Rules issued proposed changes to the current discovery framework. These changesRead More …


Four Facts that May Help You Understand Your Military Appeal

If you were tried and convicted by a court-martial then there’s a good chance you’re wondering what happens next. Since you’re reading this, you are most likely out of the brig. The next question on your mind is probably: what about my appeal? First off, it’s incredibly likely that you get one. Military criminal cases are sent for an automatic appeal if the sentence imposed included a punitive discharge (such as a dismissal for officers, a dishonorable discharge, or a bad conduct discharge) or confinement in excess of one year. AndRead More …


Religious Discrimination, Endorsement, Accommodation and Football (Part I)

I’ve been thinking about football lately–mostly because of the dramatic and seemingly overnight way Jim Harbaugh turned around Michigan’s troubled football program. Even with the heartbreaking loss to the Michigan State Spartans, I think it’s fair to say that the Wolverines are back. And though I usually don’t watch football, even I’m excited. But I was also thinking about football because of a religious discrimination case that’s been brewing in the media. Maybe you’ve heard about it. Coach [AM] has two passions: Islam and Football. A former U.S. Marine andRead More …