BLOG BULLETS: The government’s right to a mental health examination of the defendant when the defense gives notice of expert testimony about the defendant’s mental health condition under Rule 12.2 is an absolute right only when the notice is of an actual insanity defense; otherwise, the court has discretion to either order or not order […]

BLOG BULLETS: A recent Ninth Circuit case holds that e-mails transmitted over a Wi-Fi network are “electronic transmissions” subject to the requirements of the wiretap statute. The case rejected an argument that an exception for transmissions “readily accessible to the public” applies, so the general requirements for a wiretap such as probable cause, a warrant, […]

BLOG BULLETS: The Attorney General’s memo cautioning against the indiscriminate use of mandatory minimums contains conflicting language about whether it applies only to defendants who plead guilty or also those who go to trial. A recent Human Rights Watch report shows how mandatory minimums are used to coerce defendants into pleading guilty and giving up […]