Court-Martial Trial Practice

With the increasing release of information regarding the who, what, when, where, of torture approvals comes the need to relook at the court-martial convictions of the low level military personnel who executed the policy. A policy that at the time of the trials was denied, hushed up, or ignored. We don’t have to excuse them,…

The Coast Guard has issued an opinion in United States v. McDonald, __ M.J. ___ (C.G. Ct. Crim. App. April 24, 2009). This opinion discusses why the standard trial counsel sentencing argument in drug pop cases is typically erroneous. I call it the typical absence of proof problem for trial counsel. The standard for determining…

A Naval Academy midshipman is scheduled to be court-martialed Tuesday at the Navy Yard in Washington on theft and related charges, the school announced Friday. Midshipman 1st Class Julia Kaelberer, of Rialto, Calif., has accepted a plea agreement and will face charges of theft, unlawful entry, making false official statements and conduct unbecoming an officer,…

The US Marine acquitted on appeal in a high-profile rape case has left the Philippines, but he could face court martial in the US, officials said. “Following the decision of the Philippine Court of Appeals, Daniel Smith departed the Philippines under the authority of United States military officials,” the US embassy said in a statement.…

Prof. Colin Miller, Coming Out of the Closet: How Arizona v. Gant Could Lead to the Shrinking of the Scope of Searches Incident to Lawful Home Arrests, 24 April 2009.

At 08.20, 24 April 2009, CAPT Kevin J. Barry, USCG (Ret.) became an honor graduate of life. His death is a loss not just to his family and friends but to the military justice community as a whole. Kevin worked hard and long as an advocate for his clients, for the system, and an advocate…

Here is the 21 April 2009 Supreme Court decision in Arizona v. Gant. Basically it limits the scope of a warrantless car search. In the course of its decision the court did not overrule New York v. Belton, 453 U. S. 454 (1981), but concluded Belton was misunderstood and misapplied. This was a 5 –…

D.C. Circuit remands case for district court to determine which company records, including from an internal investigation, were material to the defendant’s defense “and to protect against the public disclosure of material documents in a manner consistent with Thompson’s right to a fair trial,” in United States v. Thompson, __ F.3d __ (D.C. Cir. April…

Here is a good article in the FBI LEB. M. Wesley Clark, Searching Cell Phones Seized Incident to Arrest, 78(2) FBI Law Enforcement Bulletin, 25 (Feb. 2009).

One of the most potentially influential Supreme Court decisions for trial practitioners is still pending a decision – Melendez-Diaz. This is the issue of forensic reports as testimonial under Crawford. The betting appears to be that it will be a mind-blower written by Justice Scalia. On 6 April 2009, Professor Freidman, an amicus in the…