The most potentially relevant is McWilliams v. Dunn, No. 16-5294, involves a question regarding the degree of independence needed for appointed mental health experts under Ake v. Oklahoma. Then there are: Weaver v. Massachusetts, No. 16-240: The defendant claims his lawyer was ineffective for failing to object to a closure of the courtroom during empanelment…
Continue reading ›On this date in 1894 Captain Alfred Dreyfus was convicted of treason by a French court-martial. J’accuse. “[A] phrase made famous by Emile Zola in a public letter attacking the irregularities of the Dreyfus trial (published Jan. 13, 1898).” The accusation was enough. Although I think it should also be noted that he was Jewish,…
Continue reading ›The SVC also testified at the post-trial Article 39(a), UCMJ, session. When asked by the trial defense counsel if it was the “standard in practice as an SVC to meet with the military judge ex parte,” the SVC stated, “Generally, yes. We’re usually not included in [R.C.M.] 802 conferences, so generally the judge will speak…
Continue reading ›When I read that, I thought of “The Invisible War.” Friend and forensic psychologist Reneau Kennedy sent an interesting piece across the transom today. She forwarded a piece by Karen Franklin: “In the Dark” shines brilliant light on bungled Jacob Wetterling case Twenty-seven years ago, a perfect storm struck a small town in central Minnesota,…
Continue reading ›Good friend Gene Fidell has drawn attention to a news release about the new report. In particular he notes that 23% of those surveyed last year would not recommend making a report. The 2015 survey report is Enclosure 3. Interestingly, last year nearly a number of respondents were dissatisfied with the various services available to…
Continue reading ›Appellate Advocacy 2016 Date & Time: Friday, October 21, 2016 from 9:00 am to 5:00 pm CLE Credit: Yes Event Description 6.5 Credit Hours, Including 1.0 Ethics Credit Hour This highly acclaimed course features the consumers and producers of appellate advocacy in the federal courts. It is designed as an introduction to appellate advocacy, featuring…
Continue reading ›https://www.thefire.org/ocr-finds-unfair-disciplinary-process-for-accused-student-violates-title-ix/
Continue reading ›No. 16-0704/AR. U.S. v. Dwight Harris, Jr. CCA 20131045. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER, IN LIGHT OF UNITED STATES v. HILLS, 75 M.J. 350 (C.A.A.F.…
Continue reading ›https://flipboard.com/@flipboard/flip.it%2F-3kqa8-some-criminal-forensics-techniques-may-/f-e42c55c244%2Fuproxx.com
Continue reading ›The recent Air Force Court of Criminal Appeals case illustrates why defense counsel, and staff judge advocates, should exercise care with victim impact statements submitted post trial. In United States v. Goss, the court reminds us that: Article 60, UCMJ, was amended to include a new subsection “(d)” that authorized the submission of victim impact…
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