Court-Martial Trial Practice

Navy Times reports: The combat systems officer of the destroyer Cole is back on duty this week after he was arrested in a courtroom outburst over a disputed traffic ticket in Portsmouth, Va. Lt. Timothy Barry appeared in court to challenge a speeding ticket, but the proceedings started off bad and got worse: According to…

It appears that Denedo’s case is over. On 8 September 2010, the Court of Appeals for the Armed Forces, with C.J. Effron and J. Baker dissenting, denied the filing of a writ appeal petition out of time. The majority writes: In support of the motion for leave to file writ-appeal petition out of time, Denedo’s…

Here is a link to some of the charge sheets through The News Tribune.

Is how one of my favorite evidence blog prof’s describes a First Circuit case. I have previously commented on the issue in relation to MJ McDonald’s Army Lawyer article. Federal Rule of Evidence 605 provides that The judge presiding at the trial may not testify in that trial as a witness. No objection need be…

More stories are coming out about what the accused’s are alleged to have done in regard to trophies. Here is a military.com piece: The father of a U.S. Soldier serving in Afghanistan says he tried nearly a half dozen times to pass an urgent message from his son to the Army: Troops in his unit…

For various reasons the issue of homosexuality and DADT has been in the news for a while. The results of the various surveys to servicemembers and familys are still pending. Tomorrow, NMCCA will hear oral argument in United States v. Hayes: I. WHETHER THE MILITARY JUDGE’S COMMENTS ON THE RECORD AND DURING THE “BRIDGING THE…

The Guardian (UK) has this report: Twelve American soldiers face trial over an secret “kill team” that allegedly blew up and shot Afghan civilians at random and collected their fingers as trophies. Five of the soldiers are charged with murdering three Afghan men who were allegedly killed for sport in separate attacks this year. Seven…

San Diego Online has this short piece on the Coast Guard boating case and the ongoing Article 32, UCMJ, hearing which began today. Lawyers for the driver of a Coast Guard boat that killed an 8-year-old San Diego boy in December said the Coast Guard is prosecuting Petty Officer 3rd Class Paul Ramos in order…

Here are some interesting tidbits from the CAAF orientation session for new attorneys courtesy of NIMJ.blog. As for the rules changes, a big (and quite welcome, in my opinion) change is the new system in which nearly all CAAF pleadings are eligible for electronic filing. Be sure to redact privacy/sensitive information from such filings, as…

Here is an interesting technology case from the Third Circuit as reported by the Wall Street Journal blog. Technology has made it increasingly easy for the government to track an individual’s whereabouts. But on Tuesday, a three-judge panel of the Third Circuit ratcheted back the government’s surveillance power, finding that judges have the right to…