Court-Martial Trial Practice

https://www.court-martial-ucmj.com/04122020-up-periscope/

That means the change will likely come to the MRE effective 18 months from now absent action by the Prez. See MRE 1102. The defense will no longer be required to make a demand for notice—prosecution must disclose regardless of a request! Most importantly, the notice requires more than the standard talismanic incantation and include…

Courtesy of Global Military Justice Reform blog. The Conference Report for the proposed William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 is now out and can be found here. Readers will want to look in particular at § 542, which imposes a 12-years-of-law-practice qualification for judges of the service Courts of…

https://docs.house.gov/billsthisweek/20201207/CRPT-116hrpt617.pdf

https://www.mcclatchydc.com/article247506295.html?utm_source=Sailthru&utm_medium=email&utm_campaign=EBB%2012.01.20&utm_term=Editorial%20-%20Early%20Bird%20Brief Should a federal law that protects National Guard members and reservists from being fired from their private sector jobs while they are deployed also apply to state government jobs? Last week, the U.S. Supreme Court hinted it might weigh in on the issue. The U.S. Supreme Court last Tuesday requested additional information from the…

Certain retirees are not subject to court-martial jurisdiction, so says Judge Richard J. Leon of the United States District Court for the District of Columbia in Larrabee v. Braithwaite. We should anticipate the circuit court and the Supreme Court will get to tell us their view. After briefing and oral argument, the judge entered his…

Breaker Morant—who has not heard of him, especially for those attending NJS after the 1980’s film Breaker Morant was released. The Sydney Morning Herald (Aust.) has a book review, Peter Fitzsimmons, Breaker Morant. Hachette (2020). Hero, scapegoat, or villain—you decide. The subject of Peter FitzSimons’ latest work is Harry ‘‘Breaker’’ Morant, an Englishman who holds…

My weekly “review” is here https://www.caaflog.org/home/up-periscope4418984

Worth the Read, Doug Stout, Veterans column: Newark’s Scott found guilty of mutiny. Newark Advocate. United States v. Scott is due to be argued before the Court of Appeals for the Armed Forces pm 17 November 2020. The issue is whether Appellant’s trial defense counsel were ineffective by failing to introduce substantial positive character evidence…

Exercising his authority under 10 U.S.C. § 825, a military commander hand-selected ten White members to sit on a general court-martial panel—the military equivalent of a jury—for a Black man charged with sexual misconduct against White women. Before selecting this all-White panel, the commander received a report showing the White women first identified their perpetrator…