Court-Martial Trial Practice

CAAF’s Journal for 28 February: No. 11-5003/NA. U.S. v. Thomas J. HAYES. CCA 201000366. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date on the following issues: WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL…

I’ve posted the link to Camreta argument today. Another Scalia’ism It takes two to tango[.] At p. 6. There appears to be a question whether the case was improvidently granted, or is moot, or? JUSTICE KAGAN: General Kroger, I don’t think that the question here is really a standing question; it’s really whether there is…

http://www.supremecourt.gov/oral_arguments/argument_transcripts/09-1454.pdf

Here courtesy of fourthamendment.com is a case which demonstrates how the police benefit from the benefit of doubt. Trial court’s ruling denying motion to suppress was erroneously denied. While the trial court has the credibility call and great deference in making findings of fact at a suppression hearing, the surveillance video of the area of…

Thanks to a lurker: The Administrator of the Drug Enforcement Administration (DEA) is issuing this final order to temporarily place five synthetic cannabinoids into the Controlled Substances Act (CSA) pursuant to the temporary scheduling provisions. The substances are 1-pentyl-3-(1-naphthoyl)indole (JWH-018), 1-butyl-3-(1-naphthoyl)indole (JWH-073), 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200), 5-(1,1-dimethylheptyl)-2-[(1 R, 3 S)-3-hydroxycyclohexyl]-phenol (CP-47,497), and 5-(1,1-dimethyloctyl)-2-[(1 R, 3 S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol;…

Here is a piece in the fayobserver.com about United States v. Gray, a long ongoing DP case.

CAAF has decided United States v. Watson. WHETHER THE ARMY COURT ERRED WHEN IT RULED THAT APPELLANT’S ADMINISTRATIVE DISCHARGE WAS VOIDABLE AND PROPERLY REVOKED AND DID NOT REMIT THE ADJUDGED DISMISSAL. For the reasons set forth below we conclude that Appellant received a valid discharge, and reverse the decision of the court below. CAAF has…

The Supreme Court will hear argument tomorrow in a case important to military practitioners. What’s the law when NCIS, OSI, CGIS, CID, drags your child out of the courtroom and coerces them into admitting that a parent (usually the father) has abuse them? SCOTUSBlog has this: Argument preview: Do Fourth Amendment warrant requirements attach to…

The UCLA Law Review has an excellent series of articles about forensic “science.” The primary article: The methods, techniques, and reliability of the forensic sciences in general, and the pattern identification disciplines in particular, have faced significant scrutiny in recent years. Critics have attacked the scientific basis for the assumptions and claims made by forensic…

Karen Franklin reviews an excellent book on the important subject of sex offender treatments that may work. An interesting comment related to: Denial: Not necessarily a bad thing One of the most unusual features of the Rockwood program is its emphasis on helping men who continue to deny their offenses despite having been convicted. The…