In the July Army Lawyer Judge McDonald has some comments based on his first year on the bench. (I have noted over the years that it takes most judges about a year to get their relative bearing.) I think we can all echo his comments and find a myriad of examples from our own and…
Continue reading ›Introducing evidence or refreshing recollection? TC: May I approach the witness? MJ: Yes. TC: I’m handing prosecution exhibit 3 to the witness, please look at that. DC: Can we see that first please? TC: Your honor we gave a copy of this to the defense in discovery. DC: Your honor such a comment is improper…
Continue reading ›A constant frustration – how to impeach (and typically with the book is sitting there on counsel table). Complaining Witness: Blah, blah, blah. Defense counsel: Now Ms. Complaining Witness you received an Article 15 . . . . (“Objection,” – “Sustained.” [DC looks at judge with a ‘what did I just do’ attitude.]). NO, wrong.…
Continue reading ›Your client is charged with burglary, theft, and false official statement. You call a good Sailor witness. The witness testifies. Imagine the questions I asked in MJ Summer Camp I, or just as easily that there has been no prior impeachment cross-examination. Trial counsel: LTC Witness, does a good Sailor commit burglary? No. Trial counsel:…
Continue reading ›A constant pet frustration – lack of understanding of how to impeach. Let’s look at this from a common witness situation – the good military character witness. Witness: Blah, blah, blah. Witness: In my opinion Private Rumpelstiltskin is a good Soldier. Trial counsel: Now LTC Witness, you’re aware that the Private received an Article 15…
Continue reading ›Now, don’t get discouraged when your being encouraged doesn’t work out. Remember a primary court-room rule: never let them see they’ve hurt you. Not too long ago Judge Vowell was chief in the Army’s First Judicial Circuit. One of her rules of court was that both counsel must comply with Federal Rule of Civil Procedure…
Continue reading ›The Reid Technique is one of the more known and familiar interrogation and interview techniques used by law enforcement. We mostly become familiar with interrogation methods because of court-martial pretrial motions practice to suppress coerced or false confessions. The value of various police interrogation techniques is not limited to police interrogations. A trial counsel or…
Continue reading ›Statistics are starting to be released about suicides, primarily within the Army, showing increases in the numbers. I think it’s reasonably safe to assume that attempts as well as “gestures” have risen during that period of time. Eight years of war in Afghanistan and Iraq have etched indelible scars on the psyches of many of…
Continue reading ›Here is Randy Wilson’s letter to his children about being a trial lawyer. His thoughts are equally applicable to both sides in a court-martial. Two of my children decided to go to law school. One just passed the bar exam, and the other is in the third year of law school. This is a letter…
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