Court-Martial Trial Practice

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…

A local paper has this, Law enforcement officials and researchers caution that the registries play a limited role in preventing child sexual abuse and stress that most perpetrators are known to the child. The U.S. Department of Justice, which oversees the National Sex Offender Public Website, estimates that only about 10 percent of perpetrators of…

In the current political climate, there’s lot of discussion about retirees being prosecuted for violating Article 88, UCMJ. Should that happen–an unlikely event we all hope, there appear to be at least three defenses if the alleged subject of the disrespect is the commander-in-chief. The First Amendment. Yes, I know the courts give deference to…

In United States v. Brickey, [The court] granted review out of concern for the conduct of trial counsel in withholding from the defense certain information impacting upon both the credibility and the competence of a key prosecution witness to the offenses charged. After careful examination of the record and full consideration of the well-argued positions…

Army Times reports, In the next two weeks, Army senior leaders expect to distribute a new policy governing how the absent without leave status is applied to a soldier who doesn’t report for duty, according to Army Chief of Staff James McConville. The policy could address complaints from some families of missing soldiers, such as…

I think not. Whoever, being an officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held, unless such force…

Please vote, but, Military Times notes, Two Army Reserve soldiers who appeared in uniform during the Democratic National Convention in August will not be disciplined for politicking in uniform, but their supervisor will. On Thursday, officials said they had determined the two soldiers were not at fault for the mistake. “The investigation found their supervisor…