Court-Martial Trial Practice

People in “white coats” — more on experts
Philip D. Cave

I’ve posted before on issues about potential bias and unreliability with forensic and other expert testimony: here and here. In particular, we’ve referenced the National Academy of Sciences study. Well it’s not just in the United States. Here is a piece from the U.K. Frances Gibb, Why the Law Commission is worried about expert evidence,…

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Read this
Philip D. Cave

I mentioned an article yesterday about the court-martial of a New Zealand army officer. I wondered if you’d noticed the same thing. What’s the officers name? The question relates to how other countries deal with trial by media.

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All a twitter
Philip D. Cave

Justice Souter’s nomination, although apparently predictable, is in the news. Here is an interesting perspective on how his retirement and Senator Specter’s “defection” may impact the nominee to replace Justice Souter and all of the administrations future judicial nominations. Prof. Michael C. Dorf, How Specter’s Defection Could Make it Harder to Confirm Pres. Obama’s Judicial…

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Waiver or forfeiture
Philip D. Cave

In United States v. Gladue, __ M.J. ___ (C.A.A.F. 2009), has underscored the importance of understanding the terms of a PTA and the effect on appellate was well as trial issues. In Gladue the accused, as is common, agreed to waive any waivable motions. The MJ discussed with appellant a number of motions covered by…

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Chessani
Philip D. Cave

The LA Times on line is reporting that the NMCCA, sitting en banc, has: The Marine Corps appealed the panel’s ruling to the full nine-member court. But the court Tuesday night rejected the appeal without command. The Marine Corps can continue its appeals or attempt to reinstate charges against Chessani by launching a new investigation…

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Stolen honor
Philip D. Cave

Here is an interesting piece by Pamla M. Sterner, The Stolen Valor Act 2005. 120 STAT. 3266 PUBLIC LAW 109–437—DEC. 20, 2006. Vietnam Veteran Charged With Violation of the Stolen Valor Act of 2005. Signed into law in 2006. These type of cases are certainly the most difficult of all within the military.

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Authoritative citation to authority
Philip D. Cave

The Kansas Court of Appeals continues the tradition of citation to anecdotal legal authority. See The cult of Sir Cloudesly Shovell, CAAFLog, 21 April 2009. It appears that the Kansas Court of Appeals cited the little watched short running show “Branded” as a basis to overturn a trial judges requirement that a convicted child abuser…

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