Court-Martial Trial Practice

Here’s a good reminder from Jon Katz and his blog. After practicing criminal defense for many years, a lawyer can get jaded by some of the more cockamamie-sounding urgings from clients, including the absence of fingerprints when ten witnesses and five videocameras caught the double-killing, and the shooting defendant was then tackled and held until…

From CrimeandConsequences blog. For the second time in two weeks, the U.S. Supreme Court has stayed the mandate of the Florida Supreme Court in a criminal case on the application of the state. Last week’s order in Florida v. Rigterink is here. Today’s order in Florida v. Powell is here. The Powell opinion, followed in…

Gray v. Gray, No. 08-3289-RDR (D.C. Kan. April 1, 2009). An ironic twist that the current commandant at the USDB is Colonel Gray. A little history. Private Gray’s convictions and death sentence became final on July 28, 2008, when the President approved his death sentence. On August 14, 2008, the Secretary of the Army signed…

There has been something of a stir recently about jurors texting and twittering while court is in session. Here another interesting tale of the kind of shenanigans civilian jurors get up to. We first consider Basham’s argument that the district court should have granted his motion for a new trial after learning that the jury…

Thanks to CAAFLog for this link to the Air ForceTimes article on Colonel Murphy’s conviction by a members panel. Here’s an ABA article, same theme. Stephanie Francis Ward, Catch Me if You Can, ABA Journal Magazine online, April 2009.

Many accused, with halting eloquence, effectively demonstrate remorse and plead for leniency, while others squander the opportunity by engaging in malevolent recriminations and remorseless refusals to accept responsibility. The wisdom or folly that an accused evinces in deciding what to say in an unsworn statement does not diminish his or her right to say it.…

ACCA issued published opinion today finding error and granting relief in United States v. Amazaki, ARMY 20070676 (A. Ct. Crim. App. March 31, 2009). We hold, as a matter of due process, appellant was not on fair notice that his conduct, arising from simply negligent possession of child pornography, violated Article 133, UCMJ, under the…

This case could be very helpful to an accused overseas where the prosecution lets witnesses go PCS or off active duty prior to trial, with the idea that the deposition or Article 32, UCMJ, hearing testimony could be used. Note, this case doesn’t talk about MLAT’s. The government’s minimal efforts to contact an “unavailable” witness…

Here is the NMCCA en banc opinion in United States v. Neal, __ M.J. ___ NMCCA 200800746 (N-M Ct. Crim. App. March 31, 2009), regarding Article 120, UCMJ. .

The Supreme Court has decided Rivera v. Illinois. Justice Ginsburg wrote for a unanimous court. This case concerns the consequences of a state trial court’s erroneous denial of a defendant’s peremptory challenge to the seating of a juror in a criminal case. If all seated jurors are qualified and unbiased, does the Due Process Clause…