Court-Martial Trial Practice

Office of the Chief Counsel, 2019 Domestic Operations Law & Policy, 2d ed. The National Guard Bureau, 28 November 2018. The cover letter to the policy says, 1. I am pleased to present this 2nd edition of the Domestic Operations Law and Polley Manual! Following the devastating hurricanes and fires of 2017, I tasked our…

This report makes two key findings: • There is not a systemic problem with the initial disposition authority’s decision either to prefer a penetrative sexual offense charge or to take no action against the subject for that offense. In 94.0% and 98.5% of cases reviewed, respectively, those decisions were reasonable. • There is a systemic…

Military Court Rules of the United States: Procedure, Citation, Professional Responsibility, Civility, and Judicial Conduct: Military Court Rules of the United States presents a collection of the military justice system’s court rules, in a single volume. https://store.lexisnexis.com/products/military-court-rules-of-the-united-states-procedure-citation-professional-responsibility-civility-and-judicial-conduct-skuusSku18865085 I do NOT receive anything from Lexis, nor do the others listed.

The Court remanded United States v. Cabrera to NMCCA for additional review based on claims that the military judge should have been recused and that trial and appellate defense counsel were IAC for not raising that at trial or before NMCCA. The initial NMCCA opinion. In that opinion the only issues raised were a double…

18 U.S.C. § 1385—Posse Comitatus Act. Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two…

Lorrance v. Commandant. This matter is a petition for habeas corpus filed under 28 U.S.C. § 2241, challenging Petitioner’s conviction by general court-martial. At the time of filing, Petitioner was confined at the United States Disciplinary Barracks in Fort Leavenworth, Kansas. This matter is before the Court on Respondent’s Motion to Dismiss (Doc. 10) in…

At least in the courtroom, we act hastily when we conclude that the decisions of prosecutors and jurors can be based on presumptively believing sexual assault complainants. On the contrary, the presumption of innocence and the government’s burden of proof beyond a reasonable doubt in all criminal cases remind us that jurors have an obligation…

There is a report of SGT Hatley being released from prison after 11 years confinement. The ACCA’s 2011 opinion is here. An enlisted panel sitting as a general court-martial convicted appellant, contrary to his pleas, of conspiracy to commit premeditated murder and premeditated murder, in violation of Articles 81 and 118, Uniform Code of Military…

https://www.justsecurity.org/72934/wrestling-with-legal-and-illegal-orders-in-the-military-in-the-months-ahead/ The Orders Project website is here along with a Sourcebook.

18 U.S.C. § 1385—Posse Comitatus Act. Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two…