Court-Martial Trial Practice

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…

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…