Court-Martial Trial Practice

United States v. Brobst, 558 F. 3d 982 (9th Cir. 2009), is primarily a search and seizure case. But here is a tantalizing piece about double jeopardy in a child pornography case. In light of this court’s decisions in United States v. Davenport, 519 F.3d 940 (9th Cir. 2008) and United States v. Giberson, 527…

For those who descry the efforts of proponents for change in the military justice system, yesterday could be thought of as a historical reminder that change is hard to achieve. On 12 April 1633, the Roman Catholic church began it’s heresy inquisition of Galileo. CAAFLog has a rant today (one of his many and always…

According to the Honolulu Star Bulletin: Question: It has been almost three years since 1st Lt. Ehren Watada refused to join his Stryker Brigade Combat Team when it deployed to Iraq from Fort Lewis, Wash. What is his status? Answer: The Army says it is still awaiting a decision from newly appointed U.S. Solicitor Elena…

Here’s an interesting post by Prof. Miller. Colin Miller, Your Only Self Defense: Court Of Appeals Of Louisana Engaged In Incorrect Right To Present A Defense Analysis In Murder Appeal, 13 April 2009. Most states, including Louisiana, have rules of evidence that govern the admissibility of evidence in their courts. Those rules, however, are not…

Here is an interesting book review. Prof. Orin S. Kerr, Slobogin: Privacy at Risk: The New Government Surveillance and the Fourth Amendment, 107(6) Michigan. L. Rev. 951 (2009).

Here is an interesting piece by Prof. Colin Miller about the judge who asks questions of witnesses. Prof. Colin Miller, I Won’t Be The Judge Of That: Texas Appeal Reveals That The Lone Star State Doesn’t Allow For Judicial Interrogation, 9 April 2009. I think that most people would agree that judges should at least…

Clients and military defense counsel know I have Rules of Engagement (ROE), yes I call them that, for the client to follow, and which I often have for the Members to follow in contested cases. I have ROE for the Court too. 1. Be nice (not condescending) to the court-reporter. Don’t walk off with exhibits,…

I’m sure you, like me, have used or tried to use PTSD at trial, either on the merits or at least in sentencing. Along with TBI, PTSD seems to have a significant impact, especially when it results from combat. There has been a lot published over the last few years about how the military handles…

There are several new published and unpublished opinions on AFCCA’s website today; including a Lawrence v. Texas issue raised, the continuing effort of the prosecution in punishing an accused for exercising his constitutional rights to a trial, an issue of vindictive prosecution. United States v. Harvey, __ M.J. ___ (A. F. Ct. Crim. App. 2009).…

Here is a link to an event at Washington College of Law, sponsored by NIMJ. Public Trials? Lifting the Veil on Military Courts-Martial. Date: 04/14/09 Times: 11:00AM – 01:00PM