I don’t often look at the Naval Justice School site, less robust than it used to be. But today I did decide to see if there is a new issue of the Naval Law Review. Sure enough, there’s an article of interest to military justice practitioners. You’ll have to scroll down to page 67, it’s…
Continue reading ›I am for (and against) the SVC program. I am mostly for it because it is necessary. Over the years and prior to the Air Force start there were regulations in place that required the trial counsel to inform the “victim” of what was happening in the case and get their input. The trial counsel…
Continue reading ›Can a failure to file a pretrial motion equal ineffective assistance of counsel? The BLUF is yes in some cases. In some instances I have argued IAC on appeal for failing to make a meritorious motion. The NMCCA has issued an interesting opinion in United States v. Spurling, in which they discuss this important issue.…
Continue reading ›I always counsel clients and family that there is NO parent-child privilege in courts-martial under the UCMJ (or in civilian court for that matter). This is important to know and for the military defense lawyer to make clear at the earliest opportunity. Any communications between a child and the parent can be used in evidence…
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