Court-Martial Trial Practice

NMCCA has an interesting case on the scope of a consent search and subsequent actions when looking for evidence on a cellphone. I think many times we have seen this issue. The MCIO gets a “limited” or narrow consent, but then just goes ahead and looks at everything claiming “plain view” and inevitablity. United States…

https://www.scotusblog.com/2020/03/argument-preview-determining-the-statute-of-limitations-for-military-rape-and-possibly-a-lot-more/?fbclid=IwAR2WVOFAH9vLSBBrDjHSHVc5cs4X_Pup8HOdknmCHwMT753uD0092wUE86k

There was a substantial basis for finding probable cause, and this didn’t even approach “bare bones.” “We must take care not to confuse a bare bones affidavit with one that merely lacks probable cause.” The motion to suppress was properly denied. United States v. Gilbert, 2020 U.S. App. LEXIS 7590 (6th Cir. Mar. 11, 2020):…

Sometimes appellate counsel find themselves looking at ineffective representation in advising a client to plead guilty and then the conduct of the negotiations. Taylor v. Crowther, USDC Utah may be worth the read. (The court opinion is within the article.) Here the issue was related to sentencing. Most compelling of those is Claim Four, in…

When two people jointly buy drugs for their individual use and then transfer the drugs between themselves, does that amount to distribution for prosecution purposes–apparently so based on a new case from ACCA. United States v. Myers, ACCA March 2020. This appeal raises a compelling question: whether joint purchasers and possessors of a controlled substance,…

Here’s is an essay for those interested in defining or otherwise addressing consent in military sexual assault cases. Aya Gruber, “The Complexity of College Consent,” Adjudicating Campus Sexual Misconduct and Assault: Controversies and Challenges, ed. Claire M. Renzetti and Diane R. Follingstad. Copyright © 2020 Cognella, Inc. Uploaded to SSRN with permission. PDF Version

Haven’t seen this come up for a while. An individual can “abandon his rank and position of authority in dealing with a subordinate by his own misconduct.” United States v. Richardson, 7 M.J. 320 (C.M.A. 1979) (citing United States v. Noriega, 7 C.M.A 196 (C.M.A. 1956)). The Government argues that the defense of abandonment of…

The Canary in the Military Justice Mineshaft: A Review of Recent Sexual Assault Courts-Martial Tainted by Unlawful Command Influence, by Mark Visger. 41 MITCHELL HAMLINE L. J. PUB. POLICY & PRACTICE 59

The Pentagon has launched a new program that aims to find serial sex offenders in the military by compiling information into a database submitted by sexual-assault survivors. The program, called Catch a Serial Offender, or Catch, allows survivors of sexual assault who are submitting a restricted report to provide information confidentially about the sexual assault…

It looks like CAAF is ready to give us their interpretation and applications of MIL. R. EVID. 801(d)(1)(B)(i) AND 801(d)(1)(B)(ii). Yesterday, CAAF granted in the following cases. No. 20-0006/NA. U.S. v. Matthew D. Norwood. CCA 201800038. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court…