Court-Martial Trial Practice

‘Waiving’ Goodbye to Rights: Plea Bargaining and the Defense Dilemma of Competent Representation Jane Campbell Moriarty University of Akron School of Law Hastings Constitutional Law Quarterly, Vol. 38, No. 4, 2011 U of Akron Legal Studies Research Paper No. 11-7 Abstract: The proposed amendments to the ABA Criminal Justice Standards for Prosecutors and Defense Lawyers…

Our SANE reporter at Obama Conspiracy Theories has this, which is a potential welcome home poster for LTC Lakin on 14 May.

Deborah Tuerkheimer, Science-Dependent Prosecution and the Problem of Epistemic Contingency: A Study of Shaken Baby Syndrome, 62 ALABAMA L. REV. 513 (2011). With rare exception, SBS prosecutions rest entirely on the testimony of medical experts. The construction of crime in this manner is rather extraordinary, particularly since— as a general proposition—scientific understandings develop over time.…

On 21 October 2008 the NMCCA decided and affirmed in United States v. Burleson, 2008 CCA LEXIS 386. In the original case he was sentenced to: The appellant was sentenced to 20 years confinement, total forfeitures, reduction to pay grade E-1, and a dishonorable discharge. The convening authority approved the sentence as adjudged. On 18…

On concurringopinions blog Daniel Solove, flogs his new book, NOTHING TO HIDE: THE FALSE TRADEOFF BETWEEN PRIVACY AND SECURITY (Yale University Press, May 2011). This book grows out of an essay I wrote a few years ago about the Nothing-to-Hide Argument. The essay’s popularity surprised me and made me realize that there is a hunger…

Here is another Fasler trailer. Until Fasler is resolved the prosecution should be pleading in accordance with the issue in Fasler – what’s the harm – it’s a few extra words. WHETHER AN ARTICLE 134 CLAUSE 1 OR 2 SPECIFICATION THAT FAILS TO EXPRESSLY ALLEGE EITHER POTENTIAL TERMINAL ELEMENT STATES AN OFFENSE UNDER THE SUPREME…

What do you do, if anything, if your client confesses to a crime for which he is not charged, but someone else is, or where someone else has already been convicted. Not a common practice in the military, or is it. What about the multi-accused drug case for example? Here’s an interesting article about the…

Army Times reports that: The intelligence analyst suspected of illegally passing government secrets to the WikiLeaks website has been found competent to stand trial, the Army said Friday. And of course the Daily News reports he’s no longer in “solitary.” Law.com has this interesting piece about the “struggle” courts have with searches of smartphones. Bottom…

In United States v. Arriaga, CAAF holds that housebreaking is an LIO of burglary (an alternate argument was that even if the HB was an LIO, they MJ erred in instructing on the offense because it wasn’t raised by the evidence), and that appellant was denied a “speedy” post-trial review. The post-trial delay arguments raised…

In United States v. Gubitosi, the Appellant was convicted of one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of drunken operation of a vehicle, in violation of Article 111, UCMJ; and one specification of underage drinking, one specification of using a false military identification card,…