Court-Martial Trial Practice

The Army Court of Criminal Appeals rules are here. As previously indicated there is no “deadline” for the filing of a writ petition in this situation, but once a petition is filed several deadlines and requirements kick in. Like DMLHS I have a request in for a copy of the petition. Note that in Cheney…

Here’s a reminder about authenticating emails based on a posting from Prof. Colin Miller at EvidenceProfBlog. To paraphrase Prof. Miller: And, like its federal counterpart, [Mil. R. Evid.] 901(b)(4) provides that By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of…

is the title of a pretty good song. Huffington Post uses this theme as part of a commentary on tensions created by having a lot of civilian contractors deployed. There are some interesting (unattributed) quotes from some JA’s who have been there, done that.

It is never a good idea to be knowingly looking at and receiving child pornography. The FBI announced today some results of Operation Predator. Caught up was a Brandon Hronich, who it appears may have a prior court-martial conviction for being involved in CP.

Guenal Mettraux, A Little Known Case from the American Civil War: The War Crimes Trial of Major General John H. Gee, 8 J. Int. Crim. Justice, 1059. Major John Henry Gee was the commandant of the Confederate prison at Salisbury, North Carolina from 1864 until 1865. During his tenure, thousands of Union prisoners of war…

Melanie O’Brien’s thesis for her PhD at Nottingham Univ. is online. National & International Criminal Jurisdiction Over United Nations Peacekeeping Personnel for Gender-Based Crimes Against Women. This thesis seeks to determine the most effective jurisdiction for criminal accountability for UN peacekeeping personnel who engage in sexual exploitation and abuse of women, and other conduct amounting…

is the title of a pretty good song. Huffington Post uses this theme as part of a commentary on tensions created by having a lot of civilian contractors deployed. There are some interesting (unattributed) quotes from some JA’s who have been there, done that.

Along with the list of cert. grants, the Court announced a new policy on releasing audio recordings of oral arguments. The Court will now release such recordings at the end of each argument week, much earlier than the current practice for all but a handful of particularly high-profile cases. As Lyle Denniston reports for SCOTUSblog,…

Here is an observation by federalevidence.com: One issue raised by the new case concerns whether a majority of the Court still supports the Confrontation Clause analysis established under Crawford v. Washington in 2004, and Melendez-Diaz v. Massachusetts in 2009. Two Justices who voted in the majority (John Paul Stevens and David H. Souter) have since…

Humor in military lawyering is good. Humor is good. Standby for a comment from DMLHS tonight. In thinking about why the case would be delayed to 3 November 2010 there were all kinds of ideas floating around, some ideas being of a conspiratorial nature. I had missed the piece noted by Reality Check (thanks!). Anyway,…