Court-Martial Trial Practice

NMCAA’s decision in United States v. Johnson, NMCCA 200900141 (N.M. Ct. Crim. App. 25 August 2009), nicely sets out the courts view of when and how bad language is subject to prosecution as indecent. A totality of the circumstances factual and contextual test must be used it seems. The precise parameters of what constitutes indecent…

Soldiers recovering in special Army medical units have faced inconsistent discipline because the military hasn’t adopted standards for how they and their commanders should act, according to a military review. The review was ordered in March after The AP reported on Soldier complaints that officers were indifferent to their medical needs and punished them for…

Following on the heels of NCIS’s recent testing of video-taping interrogations, it appears that OSI will start recording confessions. Starting on 1 October, Air Force OSI will, as a matter of policy, make a video recording of ”subject interviews.” Recording of witness and vicitm interviews will be optional. /tip CAAFLog.

AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY Formal Opinion 09-454 July 8, 2009 Prosecutor’s Duty to Disclose Evidence and Information Favorable to the Defense Rule 3.8(d) of the Model Rules of Professional Conduct requires a prosecutor to “make timely disclosure to the defense. This ethical opinion reinforces the rule that the prosecutors…

Here is an interesting case from the 9th Circuit on computer searches. There may be some applicability here to military computer searches. The opinion is written by the well respected Judge Kosinski. CA9: Balco en banc: Computer search under Tamura not an excuse for a plain view; there has to be limits The Ninth Circuit…

There is an ongoing dispute about whether DoD is screening reporters who are allowed to embed in Afghanistan. The allegation is that there is or will be a preference for those who give favorable reports about the military. Here is the latest (as usual the DoD is at stage one – complete denial, stand-by for…

SOR seems to be a current topic, here is a new post from Prof. Yung: Another Free Exercise of Religion Issue for a Sex Offender These days, sex offenders can’t even go to church in some areas. Not long ago the State of Georgia enacted a law prohibiting sex offenders from volunteering at church. Now…

“Defending Those Who Defend America”: Avoiding Conflicts of Interest in Order to Provide an Ethical and Effective Defense Sex Offender Registration Laws and the Uniform Code of Military Justice: A Primer I follow SOR issues very closely for current clients, past clients, and the all too frequent new client. The article is good! You can…

Father: Convicted GI poisoned himself before surrendering By Seth Robbins, Stars and Stripes Online Edition, Tuesday, August 25, 2009 A Special Forces soldier who was on the run for nearly two days following a court-martial conviction poisoned himself before surrendering to police, his father told Stars and Stripes on Tuesday. “He may or may not…