Court-Martial Trial Practice

United States v. Goode, No. 07-2269, 2009 U. S. App. LEXIS 2471, unpublished op. (3d Cir. 9 February 2009). The interesting point for this case is that the court found that telling a person to stop, ordering them to lie on the ground, and placing them in handcuffs is merely an investigative “stop.” Once additional…

Professor Miller has an interesting post today, Lie To Me?: Supreme Court Of Maine Opinion Reveals That Jury Deliberations Can Be Used To Prove Juror Deceit During Voir Dire,11 February 2009. The recent opinion of the United States District Court for the District of Maine in Watts v. Maine, 2009 WL 249236 (D. Me. 2009),…

United States v. Gross (Military Judge), Army Misc. 20081049 unpublished op. (A. Ct. Crim. App. 9 January 2009). [When you get to the court site, go to the “summary dispositions – by date” page.] This case is a government petitione for an extraordinary writ (not listed in the Denedo pleadings at the Supreme Court as…

The Army Court of Criminal Appeals has now started loading cases to populate the “Summary Disposition” page. Get there through A.C.C.A. The court has also posted several new cases — more later.

Vol. 7: Long-Term Consequences of Traumatic Brain Injury, 2008, published by the Committee on Gulf War Health: Brain Injury in Veterans and Long-Term Health Outcomes. It can be obtained free — but only in a .pdf download (unless you want to pay $70.20 for a paper copy).

David Mills hosts a fabulous blog — Courtoons. Join him at his site daily. Here is the entry for 10 February 2009, a situation well known to appellate defense counsel.

Evan Knappenberger, Acknowledge soldier’s right to object, Seattle PI.com, 9 February 2009. Mr. Knappenberger is described as, “an Iraq War veteran and a Davis-Putter Scholar at Whatcom Community College in Bellingham.” He argues that war objectors should be treated the same as conscientious objectors.

Yesterday (090209) A.F.C.C.A. updated its online opinions. There are three worth reading for the trial practitioner. United States v. Curran, ACM 37185 (A.F. Ct. Crim. App. 22 January 2009). This is an interesting issue where the prosecution was allowed to introduce evidence on sentencing about the time and effort involved to investigate the allegations against…

Andrew Gilmore, Mexico publishes law establishing database of mobile phone users, Paper Chase, JURIST, 10 February 2009.

Do you have quite a few websites you browse every day, or every week? Then you should consider installing the Morning Coffee plug-in to your Firefox browser. If you are like me and look at all of the court’s websites everyday, as well as other law related sites, it can take time just to click…