Court-Martial Trial Practice

Scandal on Plum Island: A Commander Becomes the AccusedBy Marian E. LindbergEast End Press, 416 pages Think of Plum Island, and what probably comes to mind are natural habitats, a lighthouse and remoteness, all of which were highlighted in a recent report on the island’s potential. Most people probably wouldn’t think of military intrigue, courtroom…

Prof. Colin Miller brings, The Admissibility of Statements Made to Doctors Consulted For the Purpose of Enabling Him/Her to Testify Federal Rule of Evidence 803(4) provides an exception the rule against hearsay for A statement that: (A) is made for — and is reasonably pertinent to — medical diagnosis or treatment; and (B) describes medical…

Petition to watch. Jackson v. Sec. Nav. Does Title VII apply to military personnel. So far every circuit has said “no.” Will the Supremes take the case, and if so, how will they rule?

Prison inmates retain a Fourth Amendment reasonableness right against abusive strip and body cavity searches enough to state a claim here. Qualified immunity is reserved for later. Henry v. Hulett, 2020 U.S. App. LEXIS 25390 (7th Cir. Aug. 11, 2020) (Easterbrook dissents that this right has to be found in the Eighth Amendment, not the…

Prof. Colin Miller brings us this note. Similar to its federal counterpart, Idaho Rule of Evidence 803(1) provides an exception to the rule against hearsay for A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. The first part of this “present sense impression” exception is easy…

What happens after trial. Here is another case of mine that found itself in federal court–United States v. Mingo. When the Feds tell you to register and follow the rules they mean it. In January 2005, Mingo enlisted in the United States Army. See Sealed Complaint at 2, United States v. Mingo, No. 16 Cr.…

NMCCA has an unpublished opinion in United States v. Allen. “We have written often to urge convening authorities and their staff judge advocates [SJAs] to pay scrupulous attention to detail throughout the post trial process. This case compels us to reiterate that urging yet again.” [1] Unfortunately, this is not a new problem in the…

Over the transom comes the petition in Perez v. Colorado at the Supreme Court. Whether, and to what extent, the Sixth and Fourteenth Amendments guarantee a criminal defendant the right to discover potentially exculpatory mental health records held by a private party, notwithstanding a state privilege law to the contrary. The petition begins with, When…

CNN reports, See also, https://connectingvets.radio.com/articles/retired-army-general-james-grazioplene-stand-trial-rape-charges-army-dismissed https://taskandpurpose.com/news/retired-army-general-rape-charges Retired Army Maj. Gen. James Grazioplene on Wednesday admitted to sexually abusing his then-teenage daughter in the 1980s, in exchange for a suspension of his sentence. His daughter, Jennifer Elmore, turned 49 on Wednesday. Grazioplene pleaded guilty in a Prince William County, Virginia, circuit court to aggravated sexual battery.…

Here is a link to Dave Schlueter and Lisa Schenk’s White Paper AMERICAN MILITARY JUSTICE: RETAINING THE COMMANDER’S AUTHORITY TO ENFORCE DISCIPLINE AND JUSTICE. In summary, [they] believe that: • Commanders play a critical and necessary role in the American military justice system; • Transferring prosecutorial discretion from commanders to judge advocates will undermine commanders’…