Court-Martial Trial Practice

In United States v. Eslinger, __ M.J. ___ (A. Ct. Crim. App. 14 May 2010), the court has set out a useful reminder in two areas: a military judge’s duty to instruct on all issues and the potential problem of defense waiver of instructions, and how to handle testimony that an accused does or doesn’t…

Here are some CAAF grants/issues that should resonate in the field. No. 10-0332/AF. U.S. v. Yolanda FLORES. CCA S31621. Review granted on the following issue: WHETHER TRIAL COUNSEL IMPROPERLY COMMENTED ON APPELLANT’S CONSTITUTIONAL RIGHT TO REMAIN SILENT THUS DEPRIVING APPELLANT OF A FAIR TRIAL. No. 10-0334/AF. U.S. v. Dennis R. SAVARD. CCA 37346. Review granted…

Federal Evidence Review notes the following: In conspiracy to distribute controlled substances prosecution, physician-defendant could not assert that the medical records of his patients were subject to a doctor-patient privilege because the federal courts do not recognize this privilege under FRE 501, in United States v. Bek, 493 F.3d 790 (7th Cir. July 6, 2007)…

Prof. Colin Miller posts: Somewhat similar to its federal counterpart, Indiana Rule of Evidence 410 provides in relevant part that Evidence of a plea of guilty or admission of the charge which was later withdrawn, or a plea of nolo contendere, or of an offer so to plead to the crime charged or any other…

In United States v. Serianne, the CAAF affirmed an NMCCA decision that a Navy order to report civilian DWI/DUI convictions was unlawful and not enforceable at court-martial. Navy Times reports: The Navy’s self-reporting requirement for drunken driving arrests will fundamentally change as a result of a recent military court ruling, the Navy’s top lawyer said.…

NMCCA denied Quintanilla’s petition in which he sought to have the court overturn the ruling of the military judge at his sentencing rehearing to the effect that Life Without Parole (LWOP) is not an authorized sentence in his case. Alternatively, the petitioner requested that this court direct the military judge to grant the petitioner’s motion…

The King James (UK) version of Proverbs 18-17 says: He that is first in his own cause seemeth just; but his neighbour cometh and searcheth him. The King James (Am.) version says: He that is first in his own cause seems just; but his neighbor comes and searches him. The New Living Testament (2007) says:…

The Guardian, at guardian.co.uk reports that: An Afghan prosecutor has issued an arrest warrant for an American special forces commander over allegations that a police chief was murdered by a US-trained militia. He accused American officials of refusing to hand over evidence or to permit his investigators to interview the special forces commander, known to…

The accused is charged with indecent assault on a complaining witness and rape on another complaining witness. Member: Sir I’m the unit victim advocate. Individual voir dire continues blah, blah, blah. Def: The defense objects on implied bias and liberal grant mandate. MJ: Explain why please. Def: Blah, blah, blah. TC: The government objects to…

Military.com reports that: Both the Montgomery and Post 9/11 GI Bills are worth over $49,000. This money is not a loan and will help you cover the costs of getting a degree. Full-time students receive up to $1,368 a month no matter how much tuition costs. The Post 9/11 GI Bill may even give you…