Court-Martial Trial Practice

Here is an interesting tidbit from ledger-enquirer.com about this major unwilling to serve. On May 8, Cook submitted a formal written request to Human Resources Command-St. Louis volunteering to serve one year in Afghanistan with Special Operations Command, U.S. Army Central Command, beginning July 15, Quon said. The soldier’s orders were issued on June 9.…

Note the name of his cat. http://www.freerepublic.com/~roaddog727/

Hollister v. Soetoro, No. 08-2254 (D.C. 3 May 2009). Mr. Berg and Lawrence J. Joyce, an attorney who lives in Tucson, Arizona, signed the complaint in this case. (They have been filing electronically although they have not been admitted pro hac vice, see [#10].) They are agents provocateurs –- and any attempt to sanction them…

Dianna Cotter, Breaking: Major has orders revoked, by questioning Obama’s legitimacy, Examiner.com, 14 July 2009. This story has been slipping under the Main Stream Media Radar for some time now. U.S. Army Major Stefan Frederick Cook Filed a restraining order asking for legitimate confirmation that his Commander in Chief was legitimately in Office, giving him…

You’ll have to excuse my verbal irony in the title of this comment. But according to a new release as of 2153, 14 July 2009, the answer is that no you don’t have to deploy, you get your orders cancelled apparently. Soldier Refuses to Deploy; Says Obama Isn’t President Tuesday July 14, 2009 I love…

I have commented on this issue previously: More on groundwork. Now the 1st Circuit seems to want to get tougher with prosecutors. First Circuit Once Again Criticizes The Use Of Law Enforcement “Overview” Testimony. After prior admonitions, First Circuit warns prosecutor that failure to avoid the problems in using an “overview” witness may result in…

Don’t Panic! Rehearings and DuBays Are Not the End of the World

This case is relevant to both the prosecution and the defense. And not just on cross-examination, but also on direct. On defense claim that the defendant did not affirmatively consent but only “acquiesced” to the search, defense counsel’s use of the word “acquiesced” in cross-examining the officer was inadmissible under FRE 701 for attempting to…

Prof. Colin Miller has this very useful post on the character of a “victim” when a defense of self-defense is raised. The Character Of The Matter: Court Of Appeals Of Arizona Finds That Victim’s Violent Character Is Not An Essential Element Of A Self Defense Claim. In Fish, Harold Arthur Fish appealed from his conviction…

Lawyer seeks to prevent opponent from wearing worn shoes: The economy may be in the dumps, but lawyers shouldn’t skimp on their pumps, according to this story in the Palm Beach Post. (H/T The Maryland Injury Lawyer Blog). Florida defense lawyer Michael Robb found himself the target of a motion asking the court to prevent…