Court-Martial Trial Practice

Orin Kerr, The Fourth Amendment and Geofence Warrants: A Critical Look at United States v. Chatrie. Lawfare, March 12, 2022. Cave, Christensen, Fidell, Fissell, and Maurer, The Division of Authority Between the Special Trial Counsel and Commanders Under the Uniform Code of Military Justice: Planning Now for the Next Phase of Reform. Lawfare, February 28,…

In United States v. Ferreira. ARMY MISC 20220034 (A. Ct. Crim. App. Jan. 28, 2022) The government has filed for and received a stay of proceedings in this case based on the military judge’s decision in United States v. Dial,” that he will instruct the jury that they must have a unanimous vote for guilty…

Over the last several years, I have noticed quite a few cases on appeal challenging improper arguments made by the prosecutor. Here is a short burst on a recent approach I have taken. Standard of review Prosecutorial error in making an improper argument is a legal question reviewed de novo. If there is no object…

MJBB–Mental Responsibility

Civilian counsel don’t always get paid by the client. Rather, it oftentimes can be the parents or a family member. Technology and other innovations have brought us crowdfunding and organizations set up to help defray legal fees for a court-martial accused. I recently participated in a Zoom discussion about this topic and its ethical concerns.

With the Trump pardons, the question came up, again, whether accepting a Presidential pardon is an acknowledgment of guilt. For many, Burdick v. United States, 236 U.S. 79 (1925), answered the question in the affirmative. In Burdick, the appellant was offered but declined a pardon. He then refused to testify in a criminal trial. Several…

For your reading. R. Michael Cassidy, Character, Credibility and Rape Shield Rules. RESEARCH PAPER 542, Boston College Law School, October 8, 2020. Cassidy’s introduction notes the attention sexual assaults have received over recent years in reference to Harvey Weinstein, Justice Kavanaugh, and even then VP Biden. He goes on to say that, “It is a…

https://www.youtube.com/watch?v=yB5SXp95b-c

“Thinking about bringing marijuana on base? Weed rather you didn’t,” the Naval Submarine Base posted on Facebook on July 1, the day possession of marijuana became legal in Connecticut. “State law legalizing possession of marijuana doesn’t apply to military installations.” A few weeks later, the sub base posted a graphic with the message, “We’re going…

A servicemember can refuse to take a COVID vaccine–BUT there are potential disciplinary consequences. Military law is clear that a servicemember can be ordered to submit to vaccinations. This happens at the beginning of enlistment when you are required to have or get certain vaccinations. This is a long-standing practice when reporting to MEPS for…