Professor Bergman notes a case from the Seventh. Interesting ruling today by a split Seventh Circuit panel today in Chaidez v. US, No. 10-3623 (7th Cir. Aug. 23, 2011) (available here), starts this way: In Padilla v. Kentucky, 130 S. Ct. 1473, 1486 (2010), the Supreme Court held that an attorney provides ineffective assistance of…
Continue reading ›SimpleJustice blog has an interesting piece on the DSK rape case, and a link to the prosecution motion to dismiss. I wonder if Article 32, IO’s, and Government Representatives (TC) could be so conscientious in investigating a military rape allegation and then presenting it to the CA? As SJ notes, “The big question is whether…
Continue reading ›United States v. Christian, 63 M.J. 205, 206 (C.A.A.F. 2006). This Court has granted review of two issues. The first issue for our consideration is whether life without eligibility for parole (LWOP) was an authorized punishment at the time Appellant committed the offense of forcible sodomy of a child under twelve years of age. We…
Continue reading ›Navy Times reports: The number of people to be cut by this year’s two enlisted retention boards has dropped by more than 200, based on an Aug. 1 quotas update released by personnel officials. Perhaps they are making the numbers with misconduct separations. Navy Times reports: The former executive officer behind the controversial “XO Movie…
Continue reading ›I have previously posted about “context testimony” usually from law enforcement officers to set the stage for why an investigation began. While not exactly addressing this issue, NMCCA has come close and has a useful discussion of how similar context evidence is not admissible. In United States v. Combest (an unpublished op.) the court sets…
Continue reading ›The prosecution, often routinely, denies or fails to answer requests for derogatory information in the personnel records of law enforcement personnel involved in a case. Some cite United States v. Henthorn (note the NMCCA, in at least one court order, has noted that no military appellate court has ruled that Henthorn states the applicable rule).…
Continue reading ›So, you have a prosecution witness who testifies to something on the witness stand which you know is wrong and for which you have contradictory evidence. Let’s also assume for the moment that the wrong testimony is about something relevant to the case and you are not in a situation where you can impeach through…
Continue reading ›Navy Times reports: The former executive officer of the Mayport, Fla.-based cruiser Gettysburg received non-judicial punishment for sexual misconduct and a likely forced retirement at an admiral’s mast hearing in Norfolk Monday morning, the Navy announced. Marine Corps Times reports on Mids spicing up life. On June 13, four Naval Academy midshipmen snuck aboard the…
Continue reading ›Nope, not yet, but maybe. Under Mil. R. Evid. 1102, a federal rule of evidence becomes effective in courts-martial 18 months after the federal rule goes into effect, unless the President decides otherwise. So, Federalevidence.com blog reports the status of a change to Fed. R. Evid. 803(10), which is intended to address some “confrontation” problems.…
Continue reading ›Thanks to obamaconsipiracy.org here are some links and information about a new military-birther case? Air Force Staff Sergeant Refusing Orders Until Obama’s Eligibility Dealt With Did LTC Lakin and his case have an effect on other members of the military? Maybe so. Basically, I’d rather follow Mr. Lakin, the ex-Army officer who went to Ft.…
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