Court-Martial Trial Practice

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…

Having represented numerous recruiters I’m aware that productivity is everything, and that creative “incentives” are often developed. But . . . Police have arrested a Marine Corps recruiter on charges of felony pimping and kidnapping and are looking into whether he used sex with a 14-year-old girl to entice potential recruits. Police say Recruiter Pimped…

United States v. Contreras, ACM 37233 (A.F. Ct. Crim. App. 28 May 2009). Contreras is charged with violating Article 130, UCMJ, as well as some other serious charges. Regrettably this is one of a never ending series of sex cases stemming from alcohol. Here is the issue on the 130. AFCCA rejects application of United…

The blog Opinio Juris is one of many frustrated with the type and quality of comments on blogs. So, here’s what they are doing about it. New Comment Voting Feature at Opinio Juris by Roger Alford Readers will note that today Opinio Juris has incorporated a new comment feature that allows our readers to help…

A Navy chaplain who served aboard the aircraft carrier Carl Vinson was found guilty Monday of raping a young enlisted woman. The woman Dillman raped said that he befriended her after she came to him seeking help with problems. She said he attacked her in his apartment one afternoon after they had worked out together.…

It’s not hard to believe recruiters might go to any lengths to complete mission, having represented a lot of recruiters and also those who claim they were improperly recruited. But does this not take the cake? Not only the recruiter, but MEPS, and he got through boot-camp. Rick Rogers, Case stirs military recruiting questions: Autistic…

A recent Ninth Circuit case highlights the importance of disclosing impeachment evidence and the consequences of failing to do so. The prosecutor requested a criminal history check on a key government witness. The prosecutor indicated he was unaware of the criminal history which was not disclosed to the defense. The defendant was convicted and subsequently…