Articles Posted in Up Periscope

In United States v. McDonald, 55 M.J. 173 (C.A.A.F. 2001), the CAAF has held that the Sixth Amendment confrontation right does not apply at sentencing, but that the Fifth Amendment does. Here is an interesting case from the Supreme Court of Arkansas, Vankirk v. State, which applies the confrontation right to a jury (members) case.…

Marine Corps Times reports: A Marine squad leader [Hutchins] who was convicted of leading troops to kill an Iraqi civilian will get a temporary release from prison to witness the birth of his second child. TheRepulic reports on United States v. Burke. I know we often take issue with the quality of military law enforcement…

Here is a link to pending non-military criminal law cases at the Supremes, which may have an impact in military cases. Next set of potentially relevant oral arguments begin 31 October. Here are links to subsequent ‘actions,’ in some of the cases. Transcript of Maples v. Thomas, oral argument. Whether a defendant is prohibited from…

Davis & Leo on Determinations of Voluntariness for Admissibility of Confessions Deborah Davis (University of Nevada, Reno) and Richard A. Leo (University of San Francisco – School of Law, pictured) have posted ‘Interrogation-Related Regulatory Decline:’ Ego-Depletion, Failures of Self-Regulation and the Decision to Confess (Univ. of San Francisco Law Research Paper No. 2011-24) on SSRN.…

Contrary to what appears to be a common belief among attorneys in criminal cases, the court does not live in the discovery file for each case. Indeed, prior to trial, the court has little or no access to the evidence in the case apart from what the parties may present in support of or resistance…

When are statements made by a prosecutor admissible at trial. And assuming you can establish relevance and get past Mil. R. Evid. 403, under what rule. How about Mil. R. Evid. 801 as admissions of a party-opponent. You think I jest. Check out United States v. Bakshinian, 65 F. Supp. 2d 1104 (DC S.D. Ca.…

North County Times reports: All defense appeals in the case of a Camp Pendleton Marine accused of manslaughter in the deaths of nine Iraqis have been exhausted and his trial date has been set. Staff Sgt. Frank Wuterich is scheduled to go on trial at the base on Jan. 4. The Judge’s Bench, from Grand…

Thanks to Mary Hall for pointing to Litigation Insights. I have linked to their “newsletters.” I have frequently commented on a number of issue relevant to members and how they should be treated, perceived, and educated, and how they may be influenced by non-verbal cues. As some know I have some rules of engagement for…

The Cape-Coral Daily Breeze reports: Pvt. 1st Class Andrew H. Holmes of Boise, Idaho, pleaded guilty to murder and wrongfully using a controlled substance on Sept. 22 in a plea agreement with prosecutors, according to Maj. Chris Ophardt at the Joint Base Lewis-McChord in Washington. The following day, the judge sentenced Holmes to 15 years…

PV2 Brandon G. Rushing? The military connection: Some years ago, he plead guilty to, carnal knowledge and indecent acts with a child, in violation of Articles 120 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920 and 934 [hereinafter UCMJ]. The judge sentenced appellant to a bad-conduct discharge, confinement for eleven months, forfeiture…