Court-Martial Trial Practice

Entitled as a “shameless plug” Mike Navarre is moderating a 1.5 hr CLE tomorrow. Here, shamelessly, is the whole item lifted. Last chance to register for the on-line ABA-CLE tomorrow on Criminal Accountability for Civilians in the Battle Space. The program will cover the application of amended Art. 2(a)(10), UCMJ to civilians and US government…

To qoute CAAFLog: Here’s a link to NMCCA’s unpublished opinion in Chessani, which it released today. Bottom line up front: the Government’s appeal is denied.

AFCCA has put up a number of cases on their website, here are just a few. United States v. Taylor, ACM 37065 (March 12, 2009). A case worth reading where the MJ allowed speculative testimony about date rape drug use. Affirmed. United States v. Russell, ACM 37210 (March 12, 2009). Part way through a contested…

Federal Evidence Review has put up a very good list of Supreme Court cases that impact evidence issues in a case. The list “includes constitutional, statutory, and Federal Rules of Evidence – based evidence-related cases.” The list is by its nature discretionary and subject to change, but a useful reminder. Who knows, the Supreme Court…

No. 09-0185/AR. U.S. v. Makisha I. MORTON. CCA 20060458. Review granted on the following issue: WHETHER, AFTER FINDING THE EVIDENCE FACTUALLY INSUFFICIENT TO SUPPORT A FINDING OF GUILTY TO THE ADDITIONAL CHARGE AND ITS SPECIFICATION (FORGERY), THE ARMY COURT ERRED IN FINDING APPELLANT GUILTY OF A LESSER INCLUDED OFFENSE ON A THEORY NOT PRESENTED TO…

Every so often the defense wants a co-accused to testify because they have something beneficial to say and they have already said it at the Article 32, UCMJ, hearing. As we know, the prosecution almost never willingly immunizes the witness, and judges don’t always force the issue. (Odd how that happens to the defense, but…

Here is another resource via the Office of Defender Services, Legal, Policy & Training Division, Administrative Office of the Courts, Washington, DC. Immigration consequences of conviction.

A little off topic, but I thought sufficiently interesting for a military justice audience. Martha Neil, DOJ Files USERRA Suit Against Indiana Law Firm, ABA Journal Law News Now, 16 March 2009. Referenced is another: Matthew Whittle, lawsuit involving braswell and former magistrate settled, Goldsboro News-Argus (on-line), 8 March 2009).

Yes, this is a story of some naval police who sued the DON for using real live “pepper” spray to have realistic training. It’s possible these are civilian police employed by DON.

Here are several articles of some interest. Roger P. Alford, International or Foreign Law as an Interpretive Aid in Supreme Court Jurisprudence, 9(3) Engage 79 (October 2008). Tom Gede, Kent Scheidegger, Fon Rychlak, The Supreme Court’s 21st Century Trajectory in Criminal Cases, 9(3) Engage 44 (October 2008). David E. Bernstein, The Unfinished Daubert Revolution, 10(1)…