Court-Martial Trial Practice

NMCCA has pumped out quite a few opinions recently. The trend of affirming GP Fosler cases appears to continue. And as to the remanded Fosler GP trailers you will be seeing this language. Regarding the remanded question, we again affirm the findings of guilty, pursuant to the appellant’s pleas, for the reasons set for in…

No. 10-0649/AF. U.S. v. Dean E. THOMPSON. CCA 37380. Review granted on the following issue: WHETHER APPELLANT RECEIVED POST-TRIAL INEFFECTIVE ASSISTANCE OF COUNSEL AND APPELLANT HAS MADE A COLORABLE SHOWING OF POSSIBLE PREJUDICE. The decision of the United States Air Force Court of Criminal Appeals is set aside. The record of trial is returned to…

On cross-examination there are various ways to impeach a witness. In this day and age there can be quite a bit of information available on line, usually through social media. But a great potential source is the witnesses record book, which is why it should always be reviewed prior to trial. Enlistment documents. Did the…

Here is a piece by Bryant Jordan on Military.com with more on the recent “politicking” of a uniformed Reserve Soldier.

Now the Iowa primary is done, we are off to the races for a new election year. Here’s a reminder, from Stars & Stripes, that politicking in uniform is not allowed.

Courtesy of federalevidence here is their list of potential significant evidence issues affecting criminal cases this coming year. Supreme Court Watch: Williams v. Illinois: Confrontation Clause – Pending Decisions Confrontation Clause: More Notice and Demand Rules? Supreme Court Watch Open Issue: Confrontation Clause – Resolving An Open Issue on the Scope Of Dying Declarations Circuit…

Because the President has signed the National Defense Authorization Act, subpeona’s duce tecum can now be issued for production of documents at an Article 32, UCMJ, hearing. Section 542 amends Article 47, UCMJ. The relevant piece is: (1) in subsection (a)– (A) in paragraph (1), by striking “board;” and inserting “board, or has been duly…

NMCCA has had a “disparity” week. United States v. Ochoa, is a case addressing a not infrequent issue, sentence/disposition “disparity” between co-accuseds. [A]ppellant’s claim does raise the issue of differences in initial disposition of co-accused, an issue that can be viewed by this court in determining sentence appropriateness under Article 66(c), Uniform Code of Military…

They slipped one through. Last Thursday CAAF granted a petition for a non Fosler case. No. 12-0053/AR. U.S. v. Richard L. EASTON. CCA 20080640. Review granted on the following issue: WHETHER THE ARMY COURT ERRED IN HOLDING THE APPELLANT’S TRIAL DID NOT VIOLATE HIS CONSTITUTIONAL RIGHT AGAINST DOUBLE JEOPARDY BECAUSE JEOPARDY DID NOT ATTACH AND…

SCOTUSBlog has put up the courts argument schedule for February and March 2012. There are a couple of cases that may have military practice interest. Wed., Feb. 22: 11-210 — U.S. v. Alvarez – constitutionality of Stolen Valor Act’s criminalization of false claims of receiving a military medal or decoration 11-1320 — Blueford v. Arkansas…