Court-Martial Trial Practice

Here is a link to Volume 63, Air Force Law Review. There are two articles of interest to military justice practitioners. DEPOSITIONS AND A CASE CALLED SAVARD ……………………………….. 1 Colonel Mark L. Allred, USAF MULTIPLICITY: RECONCILING THE MANUAL FOR COURTS-MARTIAL ……………………………………………………………………… 23 Major Christopher S. Morgan, USAF

Here is a link to the Spring 2009 issue of The Reporter. There are three items of interest to military justice practitioners. JUDGE-ONLY SENTENCING: Judicial Power Grab? Major Brian M. Thompson CONVENING AUTHORITY ACTIONS: Why It’s More Important Than Ever to Get Them Right Major Jeremy S. Weber DISCLOSING CLIENT CONFIDENCES: Even a Casual Conversation…

Here is a link to Prof. Colin Miller’s site. The Areas Of My Expertise: Alabama Federal Court Allows Expert Eyewitness Testimony Despite Eleventh Circuit Precedent. Professor Miller discusses an 11th Circuit decision allowing expert testimony on the unreliability of eyewitness identifications. The court allowed testimony about problems with identifications, but did not allow testimony that…

In another of a series of cases the Air Force Court of Criminal Appeals has decided a personal jurisdiction issue adverse to the accused. United States v. Blanton, ACM S31536 (A.F. Ct. Crim. App. 9 June 2009). Basically the issue relates to the “accounting of pay” part of whether an accused is properly discharged. The…

Oh well, back from vacation. Lot’s to catch up on. Here is an interesting article: Anthony E. Giardino, COMBAT VETERANS, MENTAL HEALTH ISSUES, AND THE DEATH PENALTY: ADDRESSING THE IMPACT OF POSTTRAUMATIC STRESS DISORDER AND TRAUMATIC BRAIN INJURY, 77 Fordham L. Rev. 2955 (2009).

I’m not an expert I’m here as a teacher to help you understand some of the evidence and facts. Richard Gabriel, Redefining Credibility: Turning Expert Witnesses into Teachers, 21(3) The Jury Expert, May 2009. Frequently, however, [jury’s] are turned off by expert witnesses, who may resemble one of the following: Ivory Tower: arrogant and condescending…

One of OSI’s “most wanted” has been captured. Lakenheath airman convicted of possessing child porn is arrested after 8 months on the lam. Stars & Stripes, 5 June 2009. A law enforcement team — led by the Air Force Office of Special Investigations — apprehended Airman Jeremy Parrot in the town of Ipswich just a…

United States v. Nance, __ M.J. ___, No. 09-0164/AF (C.A.A.F. June 3, 2009). This case fits within the never ending discussion of what is enough for a provident plea. How much must the accused say, to what extent can the military judge ask leading questions, and what is the effect of the usual “no questions”…

Professor Tillers has this interesting post on his blog. In Brown v. Perlman, 2008 U.S. Dist. LEXIS 37546 at n. 41 (May 8, 2008), Judge Magistrate Peck said: A prosecutor’s failure to conduct forensic tests does not violate a federal constitutional right. See, e.g., Arizona v. Youngblood, 488 U.S. 51, 58-59 (1988). My hope is…

I’ve already commented on breath tests. Are military breath tests reliable? Is the Intoxilyzer 5000 racially and genetically biased? Here is a new case and continuing discussion which potentially excludes evidence of the Intoxilyzer 5000, a device found to be used frequently at military bases. The issue is actually one of discovery. Supreme Court Of…