Court-Martial Trial Practice

The prosecution of Senator Stevens highlighted problems with prosecutors who don’t comply with their Brady-plus obligations. Here’s another one. New Trial Granted Because of Prosecutor Misconduct: Mike Scarcella writes at Blog of the Legal Times that a D.C. Superior Court judge has granted a new trial to a man convicted of fatally stabbing another man…

Here is an interesting bit from Crime & Consequences blog. Reprimanded for Delayed Ruling: At Sentencing Law and Policy, Doug Berman posts an excerpt from a Memphis Commercial Appeal article describing the public reprimand of a Shelby County Criminal Court judge for taking more than seven years to rule on a death penalty appeal. According…

Haven’t noted something on technology for a while, so here is a piece by the American Constitution Society (the antithesis of the Federalist Society). Susan Freiwald, Phone Tracking Should Require a Warrant. A pending case in the 3rd Circuit U.S. Court of Appeals raises a profound question — should the government be able to track…

Colin Miller, Thieves Like Them: Court Of Appeals Of Minnesota Explains The Boundaries Of Proper Prosecutorial Comment During Closing, 17 April 2009. It is well established that a prosecutor may not belittle or disparage the defendant(‘s case) during closing argument. At the same time, “[a] prosecutor has discretion to fashion a persuasive closing argument, and…

I noticed an article on the Navy JAG NKO site today that should be treated with some caution by defense counsel. It is entitled Practice Tip: Presenting medical evidence in a sexual assault case. I have no problem with the beginning and essential premise of the article – the absence of genital trauma in a…

For more than five years, the ACLU and other advocacy organizations have been seeking the release of Office of Legal Counsel (OLC) memos that supplied the basis for the Bush administration’s interrogation, detention, rendition, and warrantless surveillance policies. So here they are from the ACLU blog.

Gates: DOD will comply — cautiously — with any “Don’t ask” order, reports Stars & Stripes.

Concurring Opinions blog is discussing speculation that we will soon hear a retirement announcement from Justice Souter. So, This means that breathless speculation about a successor can begin.

CAAF has issued an opinion in United States v. Ranney, __ M.J. ___ (C.A.A.F. 2009). Here is the lower court opinion. I find it interesting to read the lower court opinion. You see how the two courts have taken the same record and come to a different conclusion, the selectivity with which each court views…

Mil. R. Evid. 106, is a rule of completeness and applies to both the prosecution and the defense. Rule 106. Remainder of or related writings or recorded statements When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require that party at that time to introduce any…