Court-Martial Trial Practice

C.O. status for war objectors.
Philip D. Cave

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.

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Recent A.F.C.C.A. opinions
Philip D. Cave

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…

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Child pornography — again
Philip D. Cave

CAAFLog has noted that NMCCA has scheduled oral argument in United States v. Craig, No. NMCCA 200800716 The two issues are: I. WHETHER THE APPELLANT’S GUILTY PLEA TO DISTRIBUTION OF CHILD PORNOGRAPHY WAS IMPROVIDENT, AS THERE WAS NO EVIDENCE THAT APPELLANT DELIVERED ANY UNLAWFUL IMAGES TO ANYONE?II. WHETHER THE MILITARY JUDGE COMMITTED PLAIN ERROR WHEN…

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Metadata and emails.
Philip D. Cave

Earlier I posted an item on how to interpret email headers. Here is an interesting article about the email headers — metadata. Tresa Baldas, Metadata Grows in Legal Import, The National L. J., 26 January 2009. In cases where the prosecution evidence consists of emails, metadata may be very helpful to you. I recently had…

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More on technology.
Philip D. Cave

I wanted to follow-up on some thoughts regarding my “office-in-a-briefcase” (which many of you know is literally true for me). You can find suitable scanners, color printers, and of course computers, which can fit within one briefcase. All you need at that point is access to the internet. Internet access in this day and age…

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