Articles Posted in Ethics

LtCol CT called the possibility that defense counsel might be asking potential witnesses about evidence governed by MIL. R. EVID. 412 and 513 “gross and cruel.” All this caused Capt X (the defense counsel) to audibly sob at counsel table, and she was unable to continue. Unfortunately, it appears that the words and actions of…

Please don’t do this. [T]he defense counsels did not respect the judge’s ruling. [I]n an astounding show of contempt, [they] tried to force the judge to reverse himself by their unilateral withdrawal from the proceedings, on the apparent pretext that they were not prepared. They did not: voir dire the members challenge any member make…

In United States v. Mercier, __ M.J. __, No. 20160318 (C.G. Ct. Crim. App. Mar. 18, 2016) the court denied a Government interlocutory appeal of a military judge’s ruling that found that a specification was improperly referred and dismissed the specification without prejudice. This would seem to be a perfect opportunity to take up, again,…

Courtesy of Prof. Colin Miller and his excellent evidence blog, here are some thoughts for the day on prosecutor error. Keep this in mind when the prosecution want’s to admit documents or reports. 6th Circuit Case w/Brady Violation Based on Nondisclosure of Cover Sheet About Unreliability of Evidence In the recent reopened PCR proceedings, Adnan…

Military and civilian counsel military cases is bound by Service rules of professional responsibility as well as their bar. The military RPC are based on the ABA Model Rules. Thus, ABA interpretations can be meaningful and helpful. What do you do with the client file when the case is over? This past July, the ABA…