Court-Martial Trial Practice

September 15, 2009 1:56 PM TOM ROEDER, THE GAZETTE Two Fort Carson soldiers are scheduled for courts-martial this month for alleged sex crimes. The two privates from a bomb-disposal unit will be in court charged with the forcible rape of a female soldier at the post. Another sex crime trial that had been scheduled for…

Here’s a useful and timely article. Hafemeister & Stockey on Criminal Responsibility of War Veterans with PTSD Thomas L. Hafemeister (University of Virginia School of Law) and Nicole A. Stockey have posted Last Stand? The Criminal Responsibility of War Veterans Returning from Iraq and Afghanistan W ith Post-Traumatic Stress Disorder (Indiana Law Journal, Forthcoming) on…

NMCCA has issued an opinion in United States v. Glass. This reads like another of the “can they do that,” cases I come across often. During the investigative stages clients constantly want to know “can they do that.” NMCCA’s answer is – well, yes they can – there is nothing illegal going on here. Here…

The CGCCA has decided United States v. Molena. Before this Court, Appellant has assigned the following four errors: I. Appellant was denied effective counsel when his attorney erroneously informed him that he would not need to register as a sex offender. II. The bad-conduct discharge is an inappropriately severe sentence. III. Defense counsel’s failure to…

I posted the ACCA decision in Lynndie England’s Article 66, UCMJ, appeal. Now this: Monday, Sep. 14, 2009, Military high court to hear Abu Ghraib appeals, By DAVID DISHNEAU – HAGERSTOWN, Md. — The U.S. military’s highest court has scheduled oral arguments next month on two appeals stemming from the abuse of detainees at Abu…

Bobby Gifford has been kind enough to point our attention to this article. COURT-MARTIAL JURISDICTION OVER RETIREES UNDER ARTICLES 2(4) AND 2(6): TIME TO LIGHTEN UP AND TIGHTEN UP? By J. Mackey Ives & LTC(R) Michael J. Davidson, 175 Mil. L. Rev. 1 (March 2003) “In contrast, retired reservists are only subject to military jurisdiction…

ACCA has issued a memorandum opinion in United States v. England, ARMY 20051170 (A. Ct. Crim. App. 10 September 2009). [A]ppellant claims, inter alia, that (1) the military judge abused his discretion when he rejected her guilty plea; (2) appellant’s trial defense counsel were ineffective for calling Private (PVT) Charles Graner as a presentencing witness,…

Need to find a current address for a witness in a case? Boxbreaker, Slang for a form used by the United States Post Office. Its called Request for Boxholder Information for Service of Legal Process. Take the form to the nearest Post Office to your targets last know address and the U.S Postmaster will provide…

Quite a few people are twittering and blogging about Congressman Joe Wilson’s recent behavior during the President’s speech to Congress. The basic claim is that he is subject to court-martial. Maybe, maybe not. Here is what he has on his biography on his official site: Throughout his life, Joe has also had a tremendous passion…

I’ve already noted that Briscoe is a very interesting follow-on to Melendez-Diaz about the use of forensic analysis reports at trial where the chemist is not called as a witness. See here, here, and here. Here is a link to the Brief just filed on behalf of the 07-11191 Briscoe v. Commonwealth of Virginia Brief…