Court-Martial Trial Practice

If approved by a federal court, the legal settlement will force the Army to review the discharges of recent veterans with mental health issues. Tens of thousands of former soldiers with less than honorable discharges from the Army might get upgrades soon. In late March, a federal judge is expected to approve a nationwide class…

Read National Veterans Legal Services Program (NVLSP) v. Austin, Sec. Def. “Various statutory provisions and regulations require the U.S. Department of Defense (“DoD”) to maintain a publicly accessible website containing all decisions rendered by its Discharge Review Boards and Boards for Correction of Military/Naval Records.” We all like to refer to these prior decisions to…

On 10 March 2021, the CAAF granted a petition in U.S. v. Michael P. Whiteeyes on the following issue: WHETHER THE MILITARY JUDGE COMMITTED PREJUDICIAL ERROR BY ADMITTING APPELLANT’S STATEMENTS TO LAW ENFORCEMENT IN VIOLATION OF MILITARY RULE OF EVIDENCE 304(c). The ACCA decision is here. An enlisted panel convicted the appellant of one specification…

Appellant asserts the military judge erred by failing to suppress his statements to AFOSI, but he focuses on a different portion of the interview than did the Defense’s motion at trial. At trial, the Defense conceded Appellant effectively waived his rights to counsel and silence after the agents re-advised of his rights following the ten-minute…

I was doing some reading of judicial qualifications, especially for appointment to CAAF. On a side note, it appears that 12 U. S. Supreme Court justices did not take the bar after having first graduated law school and receiving a law degree—notably Justice Robert H. Jackson, of Nuremberg fame, is one; he combined some law…

The Appellate Advocacy Blog brings, Tips for Delivering A Persuasive Closing Statement, by Adam Lamparello Closing argument is among the most critical parts of a trial, as it provides attorneys with one final opportunity to persuade the jury to rule in their favor. Below are tips to maximize the persuasive value of a closing argument.…

I recently read the first opinion issued by the then Court of Military Appeals (CMA). But first, I believe it is prudent to sound a note of caution to the field about the applicability of this decision to future cases with different facts. United States v. Norwood, 80 M.J. ___ (C.A.A.F. 2021) (Ohlson, J., concurring…

I believe it is prudent to sound a note of caution to the field about the applicability of this decision to future cases with different facts. United States v. Norwood, 80 M.J. ___ (C.A.A.F. 2021) (Ohlson, J., concurring in the result). This is comment appropriately applied to most appellate decisions. I tend to look at…

We all have been in the position of filing motions in-limine to admit or object to the admission of evidence. I do this frequently for its efficiency and help in forming my case as we advance. There are times when counsel, usually trial counsel, wants to preadmit evidence. There are times I do not object…

Equal Supreme Court Access for Military Personnel: An Overdue Reform, 131 Yale L.J. Forum ___ (2021) (forthcoming), by Prof. Eugene R Fidell, Prof. Brenner M. Fissell, Cdr. (Ret). Philip D. Cave, is available here on SSRN. Abstract: While one might think that every criminal defendant in the United States has the opportunity to eventually appeal…