Court-Martial Trial Practice

The Terry Lakin action fund is reporting that Mr. Lakin’s dismissal has been approved and ordered executed. If correct he is now Mr. Lakin. Unlike a retiree who retains her commission, or an honorably discharged officer who may use the honorific, one who is dismissed by court-martial loses the privileges of rank, including being addressed…

Stars & Stripes reports: A Kadena airman will face court-martial on murder charges following the February stabbing death of a member of his squadron and could be sentenced to death, according to an Air Force 18th Wing announcement Monday. The victim’s wife, 32-year-old Barbara Keiko Eccleston, was charged by Okinawa prosecutors in the slaying in…

Army Times reports: An investigation into the command climate of 67th Battlefield Surveillance Brigade blasted the former commander as a “bullying leader” whose command triggered at least two congressional inquiries. Reuters reports: SSG Bram was sentenced to five years. It took the members 90 minutes to reach findings and one hour to decide a sentence.…

We have all had to deal with the test: is it harmless error, is it . . . .? When it comes to evidence and argument we have some other tests: straight faced, no s#$@, we are the government therefore it’s admissible, etc. Well Professor McElhaney has given us a new one: the “Giggle test.”…

Navy Times reports: The commanding officer of the patrol boat Anacapa was fired Monday over a loss of confidence in his ability to command, according to a Coast Guard press release. The News Tribune reports: Staff Sgt. David Bram’s court-martial is wrapping up today with sparring over whether key Army witnesses exaggerated his misconduct to…

No. 11-0675/AR. U.S. v. Cassandra M. RILEY. CCA 20100084. Review granted on the following issues: I. Fosler . . .. II. WHETHER APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HER TRIAL DEFENSE COUNSEL FAILED TO INFORM HER THAT SHE WOULD HAVE TO REGISTER AS A SEX OFFENDER AFTER PLEADING GUILTY. III. WHETHER APPELLANT’S GUILTY PLEA…

Military.com has an interesting piece about military justice at Fort Carson. Fort Carson Policy Targeted Troubled, Wounded GIs . . . Civilian defense lawyers and advocates for troops say stories like Smith’s have become increasingly common at Fort Carson. The trend has its genesis in an email that the top military prosecutor on post sent…

In United States v. Caldwell, NMCCA has set-aside a plea to larceny and to intentional self-injury; but affirmed the sentence on the remaining charges. Judge Beal concurred only in the approval of the sentence.

Marriott and Sullivan, Opening to Win: Seven tips for delivering an effective opening statement, New York L. J.

Here is a link to the current DOJ Manual on search and seizure of electronic evidence in criminal investigations. I (and others) have used this several times in the past to contrast military law enforcement actions.