Court-Martial Trial Practice

Motions practice
Philip D. Cave

Here are four very good tips from Evan Schaeffer of The Trial Practice Tips Weblog: “When the Judge Agrees With You, Stop Talking.” “Look at the Judge, Not Your Opposing Counsel” “Arguing a Motion Before a Trial Court: Begin at the Beginning” “Motion Hearings: Listening to the Judge”

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Guns galore for Major Nidal Hasan
Philip D. Cave

NY Daily News and FoxNews.com report: A 5.7-millimeter pistol used in the Fort Hood shooting was purchased legally by suspect Nidal Hasan at a Texas gun shop, law enforcement officials said Friday. Army Col. John Rossi, deputy commander at Fort Hood, confirmed at a news conference late Friday in Texas that the two weapons carried…

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NMCCA issues 15 decisions today
Philip D. Cave

All were submitted on their merits. All except one was a straight legal affirmance. In United States v. Carney, the court themselves found two errors that needed to be corrected. The convening authority failed to suspend the bad conduct discharge as agreed in a pretrial agreement, and a multiplicity issue was reviewed for plain error…

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Red on red killing at Camp Lejeune
Philip D. Cave

WWAY NewsChannel 3 reports: Twenty-one-year-old Private Jonathan Law is in custody for the murder of another Marine early Friday morning. Officials still have their own questions regarding the incident, and are saying little about what they do know. ENC Today.com reports that Pvt Law have attempted suicide.

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Military actions – judicial proceedings – and international relations
Philip D. Cave

Monstersandcritics.com: has a piece on, “Legal issues snarl German inquiry into airstrike colonel (1st Lead).” While the piece is relevant to criticism of the German commander who ordered an air strike in Afghanistan, I thought it might resonate a little in regard to Italy’s conviction of a U.S. Air Force officer (More on the Italian…

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Crime in the military
Philip D. Cave

The sad events at Fort Hood have caused some to review the general “crime rate” within the military. Slate’s Daniel Engber has this short piece. Is There a Lot of Crime on Military Bases?Not as much as you’d think. That said, major crimes have been in on the rise across all bases since 2003, according…

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Navy PTA clause
Philip D. Cave

CAAFLog has this interesting post and question about a new (?) clause in standard Navy PTA’s that remove good time credit. This Agreement constitutes my request for, and the convening authority’s approval of, deferment of all confinement suspended pursuant to the terms of this Agreement and deferment for the days of “good time” (as defined…

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