Court-Martial Trial Practice

I’ve mentioned this before as more likely relevant to appellate practitioners. CAAF decided that a claim of ineffective assistance of an expert might work. On remand in McAllister he AFCCA had this to say. After considering appellant’s claims, our superior court determined that appellant did not receive competent expert assistance, but they were unable to…

In United States v. Robertson the accused was charged with CP related offenses and violation of restriction. Here is why as a trial I and my colleagues would, and you should consider–pick the serious and solid charges and leave the detritus out. When you have a solid CP case you don’t need a minor charge…

Wednesday, March 25, 2020 Batts & Sanger on Collecting Forensic Evidence in the Emergency Department By CrimProf BlogEditor Share Jayne J. Batts and Robert M. Sanger (affiliation not provided to SSRN and Santa Barbara College of Law) have posted Collecting Forensic Evidence in the Emergency Department: A Guide for Lawyers, Investigators, and Experts (American Journal…

Cheng & Mannion on Forensic Reports and the Confrontation Clause By CrimProf BlogEditor Share Edward K. Cheng and Cara Mannion (Vanderbilt Law School and affiliation not provided to SSRN) have posted Unravelling Williams v. Illinois (NYU Law Review Online) on SSRN. Here is the abstract: Forensics are a staple of modern criminal trials, yet what…

NMCCA has an interesting case on the scope of a consent search and subsequent actions when looking for evidence on a cellphone. I think many times we have seen this issue. The MCIO gets a “limited” or narrow consent, but then just goes ahead and looks at everything claiming “plain view” and inevitablity. United States…

https://www.scotusblog.com/2020/03/argument-preview-determining-the-statute-of-limitations-for-military-rape-and-possibly-a-lot-more/?fbclid=IwAR2WVOFAH9vLSBBrDjHSHVc5cs4X_Pup8HOdknmCHwMT753uD0092wUE86k

There was a substantial basis for finding probable cause, and this didn’t even approach “bare bones.” “We must take care not to confuse a bare bones affidavit with one that merely lacks probable cause.” The motion to suppress was properly denied. United States v. Gilbert, 2020 U.S. App. LEXIS 7590 (6th Cir. Mar. 11, 2020):…

Sometimes appellate counsel find themselves looking at ineffective representation in advising a client to plead guilty and then the conduct of the negotiations. Taylor v. Crowther, USDC Utah may be worth the read. (The court opinion is within the article.) Here the issue was related to sentencing. Most compelling of those is Claim Four, in…

When two people jointly buy drugs for their individual use and then transfer the drugs between themselves, does that amount to distribution for prosecution purposes–apparently so based on a new case from ACCA. United States v. Myers, ACCA March 2020. This appeal raises a compelling question: whether joint purchasers and possessors of a controlled substance,…

Here’s is an essay for those interested in defining or otherwise addressing consent in military sexual assault cases. Aya Gruber, “The Complexity of College Consent,” Adjudicating Campus Sexual Misconduct and Assault: Controversies and Challenges, ed. Claire M. Renzetti and Diane R. Follingstad. Copyright © 2020 Cognella, Inc. Uploaded to SSRN with permission. PDF Version