Court-Martial Trial Practice

Accused brawl soldiers seek US justice By Cathy Harper, ABC News, September 29, 2009 12:25:00 Police say the brawl involved at least 35 people, and was watched by 300 others. (Reuters: Stephen Hird) Two US soldiers have appeared in the Darwin Magistrates Court on charges relating to a brawl on Darwin’s nightclub strip. The magistrate…

United States v. Gipson, ARMY 2007 0521 (A. Ct. Crim. App. 28 September 2009). This case has an unusual [if mundane] procedural history.. . . Appellant claims on appeal he was prejudiced by the SJA’s failure to serve him with new matters in the addendum, in violation of R.C.M. 1106(f)(7); and this court erred in…

Here is a good post from FederalEvidence blog. Inadvertent Disclosure Under FRE 502(b) Not Shown By Failure To Assert Privilege Promptly Court denies motion to compel return of e-mail message after concluding the disclosure was not inadvertent under FRE 502(b) since defense counsel “had ample opportunity to discover and assert the claimed privileged status of…

Cory Yung at SexCrimes is reporting: DOJ issued a press release today announcing the first two jurisdictions to implement the Sex Offender Registration and Notification Act (SORNA), part of the Adam Walsh Act. The two jurisdictions? Ohio and the Confederated Tribes of the Umatilla Indian Reservation (in Oregon). While applauded as a important achievement, there…

September 29, 2009, in Suits & Sentences. Troops lose challenge to anthrax vaccination Eight members of the U.S. military who challenged a mandatory anthrax vaccination have lost, again. Like the phoenix this is an old story that is likely to rise again in light of the proposed DoD flu shot program. Don’t know about others,…

Earlier comments on this subject are here and here. In particular here is the new NCIS policy. NCIS video/audio taping is not new as this report suggests — Naval Criminal Investigative Service: Fraud Interview Policies Similar to Other Federal Law Enforcement Agencies (Letter Report, 04/07/97, GAO/NSIAD-97-117). In fiscal year 1996, NCIS agents videotaped 56 interviews…

Marine set for court martial at Camp Pendleton in the death of an Iraqi prisoner L.A. Now, September 28, 2009 | 8:56 pm A court martial is to begin Tuesday at Camp Pendleton for the last of three Marines accused of killing unarmed prisoners during battle in Fallouja, Iraq. Sgt. Jermaine Nelson, 28, is charged…

Fayetteville Observer.com, by John Ramsey Five enlisted men and four officers were selected Monday as the jury that will decide whether Sgt. Justin A. Boyle is guilty of involuntary manslaughter in the death of a fellow paratrooper. During jury selection Monday afternoon, a major and a colonel were dismissed, leaving a jury of four first…

This is the title of a short piece on Caller.com. His name’s not Watada so he’s going to general court-martial.

Here are the cases with potential impact on military justice for November argument – courtesy SCOTUSBlog. Florida v. Powell (08-1175) — police duty to expand “Miranda warnings” before questioning suspect.