Court-Martial Trial Practice

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…

United States v. Wiechmann, __ M.J. ___, No. 09-0082/MC (C.A.A.F. July 6, 2009) has been decided. There was error, but found to be constitutionally harmless. After a captain with very little defense experience was detailed to represent a retirement-eligible lieutenant colonel, the Chief Defense Counsel of the Marine Corps detailed a highly respected Marine Reservist…

There’s at least one federal judge who likes to enforce discovery where the prosecution has a – in my words – self executing duty to produce. Federal Judge Questions Prosecution Conduct in Ye Gon Case. “This is the second time in less than three months in a high profile case where the Department of Justice…

The officers had PC for a vehicle search based on their surveillance, so Gant has no application. United States v. Almaraz, 2009 U.S. Dist. LEXIS 54138 (S.D. N.Y. June 26, 2009).* The stop in this case was not unreasonably extended. The officer’s questioning during the writing of the ticket led to answers that were more…

Drug ‘em if you’ve got ‘em. I’ve argued often that the military drug policy is broken: Alcohol the number one drug of abuse — a killer, a cause of injury, and a cause of physical damage and loss of military property — goes relatively free from regulation and consequence, military pharmacies distribute millions of prescription…