Court-Martial Trial Practice

The High Court of Denmark found that the defendant was guilty of having tried to abuse his position to get his then-girlfriend and later spouse admitted to a highly coveted leadership training within the Armed Forces. He was also found guilty of attempting to abuse his position by trying to persuade a colonel to hire…

Looks like the ACCA website has been redesigned and reorganized. They now have a page for summary affirmances and a “Appellate Library,” and it looks as if this is where briefs will be found. ACCA had earlier announced it would do this. They now list “short form affirmances” in a separate list (in the past…

Standage v. Braithwaite, No. ELH-20-2830, (D.C. MD Dec. 22, 2020). This is the lawsuit filed by Midshipman Standage t declaratory and injunctive relief regarding his recommended disenrollment from the Naval Academy. The suit was dismissed without prejudice as not yet ripe. Standage was the subject of Academy disciplinary actions because he was accused of sending…

when asked for my qualifications at trial I reply that I am 27b certified and 42a sworn. United States v. Kellett, No. 202000178, 2020 CCA LEXIS 424 n.1 (N-M. Ct. Crim. App. Nov. 25, 2020). Certification in one Service is effectively certification in all.

COURT OFAPPEALS-TENNESSEE (Nashville) See State v. Tennessee. A post-trial discovery case. The court begins, “The primary issue in this case involves the State’s delayed disclosure of obviously exculpatory evidence.” Overall a very nice cases discussing Brady-plus’s [[1]] application to post-trial matters. Colin Miller in discussing this case observes that, “In Brady v. Maryland, the United…

The Supreme Court has reversed CAAF in Briggs and Colins, which effectively also overrules Mangahas. https://www.caaflog.org/uploads/1/3/2/3/132385649/19-108_8njq.pdf

Prof. Colin Miller begins, Similar to its federal counterpart, Idaho Rule of Evidence 804(b)(3) provides an exception to the rule against hearsay for A statement that: (A) a reasonable person in the declarant’s position would have made only if the person believed it to be true because, when made, it was so contrary to the…

Here is a link to the Report of the Fort Hood Independent Review Committee. Although the Findings in this Report outline failures in leadership, they should not be interpreted as an indictment of military commanders or the U. S. Army. While the issues raised in this Report are serious and require urgent attention, they did…

As the cannabis industry continues to take root state by state, the House of Representatives voted in favor of removing marijuana from the federal Controlled Substances Act. The House voted Friday on the Marijuana Opportunity Reinvestment and Expungement Act, or MORE Act, which decriminalizes cannabis and clears the way to erase nonviolent federal marijuana convictions.…

Several years ago, Beth Van Schaack highlighted a gap in U.S. law regarding atrocity crimes. Although well established in international criminal law as well as other areas of U.S. law, Title 18 of the U.S. Code lacks command responsibility as a mode of criminal responsibility. Following the issuance of pardons by President Donald Trump, Gabor…