Court-Martial Trial Practice

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.

We previously commented on an issue of voodoo science, and more on voodoo science, and the National Research Counsel report on the future of forensics. The promoters of this piece of voodoo — a voice stress analyser — convinced law enforcement to fund and buy their expensive machine and methods for using voice stresses to…

Norman C. Bay, Old Blood, Bad Blood, and Youngblood: Due Process, Lost Evidence, and The Limits of Bad Faith, 86:2 Washington Univ. L. Rev. (2008). Major General Charles J. Dunlap, Jr. & Major Linell A. Letendre, Military Lawyering and Professional Independence in the War on Terror: A Response to David Luban, 61:2 Stanford L. Rev.…

Here is the intro from Kent Scheidegger of CrimeandConsequences blog. To refute the notion that freedom of speech or the press is absolute, a common device is to cite a hypothetical of spoken or written words that everyone with sense would agree can be prohibited. The most famous is Justice Holmes’s example in Schenk v.…

CAAF issued an opinion today in United States v. Von Bergen, The granted issue was: WHETHER THE MILITARY JUDGE ERRED WHEN HE HELD APPELLANT’S WAIVER OF HIS ARTICLE 32 RIGHTS FOR HIS 20 SEPTEMBER 2001 COURT-MARTIAL APPLIED TO HIS 23 OCTOBER 2006 REHEARING. BLUF: We hold that the military judge erred in denying Appellant an…