Articles Posted in Worth the Read

LtCol CT called the possibility that defense counsel might be asking potential witnesses about evidence governed by MIL. R. EVID. 412 and 513 “gross and cruel.” All this caused Capt X (the defense counsel) to audibly sob at counsel table, and she was unable to continue. Unfortunately, it appears that the words and actions of…

https://globalmjreform.blogspot.com/2017/06/targeting-and-law-of-war.html Reposting a new publication for judge advocates supporting investigations into law of war violations. In particular, it relates to targeting decisions and the aftermath. There are specific points to assist in evaluating criminal responsibility under the UCMJ.

Reposting. A British Army court-martial

As an investigative tool, DNA has been a powerful weapon in identifying or confirming who committed a crime. But the value of DNA evidence is overshadowed by regular stories of corruption, incompetence, and flawed interpretation. It’s, for this reason, I never accept the DNA results as golden for the prosecution in a contested case. Here’s…

In United States v. Battles, No. 20140399 (A. Ct. Crim. App. 31 May 2017), the court asked: Where in the World is Captain Danenberger? That he is named in the court opinion will tell the lawyer that this is a bad story. “After conclusion of appellant’s trial, an embarrassing and unnecessary sideshow unfolded. The central…

The ongoing discussion about removing the line officer convening authority from making court-martial decisions is not new, nor are the criticisms of how a military justice process should work. Check out– Fred L. Borch, Military Justice in Turmoil: The Ansell-Crowder Controversy of 1917-1920. ARMY LAWYER, Feb. 2017.

Military Times is reporting–House lawmakers Wednesday overwhelmingly passed new rules making the secret recording or unauthorized sharing of nude photos a crime under military law, in response to the Marine Corps United scandal earlier this year. Rep. Martha McSally (R-Ariz.) this week will introduce legislation meant to fight nonconsensual sharing of “private, intimate media” in…

Chief Judge Erdmann is scheduled to leave the court in July 2017. At that point, the next judge in line will fleet up to be chief judge. Interestingly Judges Stucky and Ryan took the oath on the same day for the same term. However, I’m reliably advised that by statute Judge Stucky will become chief…

The SCOTUS might soon give us an idea on the subject of jury nullification in Lee v. United States. Issue: Whether it is always irrational for a noncitizen defendant with longtime legal resident status and extended familial and business ties to the United States to reject a plea offer notwithstanding strong evidence of guilt when…

The New York Times reports: President Obama on Tuesday largely commuted the remaining prison sentence of Chelsea Manning, the army intelligence analyst convicted of an enormous 2010 leak that revealed American military and diplomatic activities across the world, disrupted the administration, and made WikiLeaks, the recipient of those disclosures, famous. The decision by Mr. Obama…