Court-Martial Trial Practice

Here, courtesy of SCOTUSBlog are several pending petitions of interest. Docket: 08-833 Title: Oliver v. Quarterman Issue: Does juror consultation of the Bible during sentencing deliberations deprive a defendant of Sixth Amendment rights and what standard of proof should apply in evaluating the possible prejudice to the defendant? Opinion below (5th Circuit) Petition for certiorari…

Slightly off message, but in light of the attention given to collateral consequences of a court-martial conviction and my earlier comment about impact on clearances, perhaps there is no impact. Del Quinten Wilber, Security-Clearance Checks Eyed, Washington Post, 9 April 2009.

The CAAF daily journal for today is not updated, but knowing where he sits, we take CAAFLog’s observation that the AF TJAG has certified the following issues as accurate. I. Whether the Air Force Court of Criminal Appeals erred in denying the United States’ request that the court order an affidavit from Appellee’s original military…

No. 08-0707/AF. U.S. v. Calvin J. WHEELER Jr. CCA 36796. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is noted that the Court of Criminal Appeals has not had the opportunity to complete its review of this case under Article…

Not the lawyers — the jurors. I’ve posted several articles, and the web is rife with articles, posts, and case decisions about how jurors are using technology in the jury room: twittering, contacting the media, and now this interesting piece by Prof Colin Miller. An Analog Rule in a Digital World?: Court of Appeals of…

The Supreme Court issued a decision today in Corley v. United States. The SCOTUSWiki documentation. The decision in Corley. This may have some impact on military “confessions” and situations. It’s a McNabb / Mallory issue. The question here is whether Congress intended 18 U. S. C. §3501 to discard, or merely to narrow, the rule…

We made several postings of article assessing the Roberts Supreme Court and the future of the exclusionary rule. Here is another, Susan A. Bandes, The Roberts Court and the Future of the Exclusionary Rule, American Constitution Society, April 2009.

Vol 199 MIL. L. REV., Spring 2009, is now on line complete with typos. National Scurity (sic) Veiled in Secrecy: An Analysis of the State Secrets Privilege in National Security Agency Wiretapping Litigation From Law Member to Militry (sic) Judge: The Continuing Evolution of an Independent Trial Judiciary in the Twenty-First Century The Fourteenth Hugh…

1 April 2009: No. 09-5001/MC. United States, Appellant v. Matthew T. BURK, Appellee. CCA 200800146. On March 4, 2009, the United States filed a motion for enlargement of time in which to file a certificate of review in the above-captioned case. The Court granted that motion to March 30, 2009 (Daily Journal, March 10, 2009).…

Here’s a short article on two cases pending at the Supreme Court, Montejo v. Louisiana and Kansas v. Ventris. Bidish J. Sarma, Robert J. Smith, & G. Ben Cohen, Interrogations and the Guiding Hand of Counsel: Montejo, Ventris, and the Sixth Amendment’s Continued Vitality, Northwestern L. Rev. Colloquy, 3 April 2009.