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Other circuits have held that a prisoner may file a petition for a writ of habeas corpus if his sentencing court has been dissolved.” Id. at 1093 (quoting Prost v. Anderson, 636 F.3d578, 588 (10th Cir. 2011) (explaining that, for military prisoners, “the resort to § 2241 is the norm rather than the exception .…

I have noticed an increase is improper prosecution arguments over the last five years — connected I think to sexual assault cases mostly. So here is an article of interest. Combating Prosecutor Misconduct in Closing Arguments, Oklahoma Law Review, Vol. 70, No. 3, Forthcoming From the abstract: Prosecutor misconduct in closing argument is rampant. Prosecutors…

THE WHITE HOUSE Office of the Press Secretary FOR IMMEDIATE RELEASE October 20, 2017 *Statement Regarding Military Justice*

Yes, it is. In dissenting to the Coast Guard Court of Criminal Appeals majority opinion in United States v. Decker, the dissenting judge says: This is a vexing case; the kind that sexual assault prevention training seeks to avoid. I agree with the majority’s resolution of Assignment of Error III, and I agree that the…

Crowder’s next orders took him to Fort Yates, North Dakota, where the United States Army attempted to suppress the religious Ghost Dance movement. While stationed at Fort Yates, Crowder proved successful in his legal defense in three court-martial proceedings. His actions were noted by Army superiors and after being promoted to the rank of captain,…

https://www.court-martial.com/dubay-evidentiary-hearings-on-appeal.html

Whether or not a sentence is appropriate for the crime convicted of and the character of the person convicted is a frequent issue on appeal. Less frequently there is an issue of sentence disparity between co-actors or co-accuseds. The recent ACCA decision in United States v. Martinez (Sept. 2017), lays out the law fairly well…

The military already has rules and regulations about membership in certain hate groups. The tragic events at Charlottesville are likely to garner more attention to the issue of military personnel and hate groups. From Task & Purpose. James Alex Fields Jr., the 20-year-old Army basic training wash-out accused of running down counter-protesters demonstrating against hate…

There is increasing attention to the possibility that DNA “evidence” at the scene of an alleged crime is just too good and may implicate the innocent. Touch-trace DNA is the issue. Here is an interesting discussion that may help form an argument to exclude DNA evidence or address it with the fact-finder at trial. https://lookaside.fbsbx.com/file/Report%20of%20Experts_Amicus.pdf?token=AWwJbOe3GfcAd141qS0fe9wi_hIkb-iYJQOYz9rinOAWooLUMn3fHxAcWZ0dO0sQ5tYl7vszIq6Z0biiJVHnrs1IMdtbBauurKCPEqH8FiodtPHXSOSyk5hIsemNGOyTNP0pGu6tJuo_5BGaU3sctikEikVvn4enmtAJQFZJCU_1EKrbEC0Kt7pt35eQSa3SFZQ

A major piece in the New York Times magazine by Emily Bazelon dissects the conviction of Noura Jackson for the murder of her mother. The accused’s DNA was excluded as a match for any of the three DNA profiles found at the scene and there was no physical evidence linking the accused to the killing.…