Court-Martial Trial Practice

Navy Times reports: The commanding officer of a Bahrain-based logistics task force was fired for alleged misconduct, 5th Fleet announced Monday. Capt. David Geisler was relieved by Vice Adm. Mark Fox, 5th Fleet commander, “for a loss of confidence” in Geisler’s ability to command[.] The nature of the investigation and the allegations against Geisler remain…

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.…

I posted on experts at various points. But this video says it all about how expert witnesses should testify. If you can’t watch here (potential problem with the embed, go to this link about The Entabulator catalytic converter.

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…