Court-Martial Trial Practice

I don’t know that we’ve had this issue come up in military cases, but there’s a first time for everything. Plus this case highlights potentially confusing “tests” that arise from different courts. During oral argument in Kentucky v. King on Wednesday, the Court struggled to find the proper test for determining when police are prohibited…

In a number of cases Judge Wiss made the statement about the CCA’s that “[T]here are some places where even ‘the proverbial 800-pound gorilla’ is not free to roam.” See e.g., United States v. Parker, 36 M.J. 269, 273 (C.M.A. 1993)(citing United States v. Bethea, 22 U.S.C.M.A. 223, 46 C.M.R. 223 (1973)) (Wiss, J. concurring).…

Coastline Courier reports: The start date in a Fort Stewart soldier’s death penalty case has been delayed, to give the defense time to have their experts examine additional evidence and to accommodate witnesses coming to the United States from Iraq. Army Times reports a change in status: The wife of a formerly AWOL Fort Campbell…

Military.com reports: The Navy says a second officer has been transferred from his job pending investigation into the showing of lewd videos on the aircraft carrier USS Enterprise. Rear Adm. Dennis Moynihan, a Navy spokesman, said Thursday that Rear Adm. Lawrence Rice has been transferred out of his job at Joint Forces Command. His retirement…

United States v. Jones. A convoluted case about the accused’s ability to review CP images in preparation for his providence inquiry. We conclude that the denial of the requests to review evidence under the circumstances of this case did not violate the Sixth Amendment because Appellant did not seek to review the evidence to prepare…

As federalevidencereview notes: [A]llowing a court to take judicial notice often presents a proponent of its use with a useful short-cut in proof of adjudicative facts. But it is important to draw a distinction between the fact noticed and the logical conclusion to be drawn from the fact. From time to time you will see…

United States v. Hutchins. Chief Judge Effron writes for a unanimous court. The Judge Advocate General of the Navy certified the case to this Court for review of the following issues: I. WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED IN FINDING, INTER ALIA, THAT THE MILITARY JUDGE SEVERED THE ATTORNEY-CLIENT RELATIONSHIP WITH CAPTAIN…

Prof. Friedman links to the respondents’s brief in Bullcoming v. New Mexico.

Two Supreme Court grants of certiorari should be of interest to MJ practitioners. Here are links to SCOTUSBLog for the case materials. Missouri v. Frye Issue: Can a defendant who validly pleads guilty assert a claim of ineffective assistance of counsel by alleging that, but for counsel’s error in failing to communicate a plea offer,…

On Friday, NMCCA decided U.S. v. Wuterich. More later, but: In response to Orders issued by this court, the respondents produced the required transcripts, relevant exhibits, and a sealed memorandum prepared by the military judge recounting an ex parte hearing he conducted with defense counsel on the severance issue. Having reviewed the record and pleadings…