Court-Martial Trial Practice

A British article worth reading because it has application here. Akorede Omotayo, The Right to Silence – or the presumption of Guilt The right to silence is thought by many Judges and academics to be a constitutional right; which preserves Viscount Sankey’s presumption of innocence in Woolmington . For this reason, the legislative changes to…

United States v. Scott., ordering a Dubay hearing. I could not find a subsequent opinion on the ACCA website, which could mean the Dubay hearing produced nothing noteworthy and the court proceeded to affirm the findings and sentence. CAAF has granted the following issue: No. 19-0365/AR. U.S. v. Jason A. Scott. CCA 20170242. On consideration…

We have had a number of military cases of the years involving searches of lawyer “files” or other materials. Here is an interesting opinion from the Fourth Circuit about “taint teams.” The Fourth is not generally known as a defense friendly court. 4th Circuit Court of Appeals Opinion 31 October 2019 In re: Search Warrant…

I’ve had several cases of serious and fatal car wrecks. In the process the investigators have “searched” the car’s onboard computer. There’s is quite a bit of information than can be retrieved to evaluate such things as speed, acceleration, and braking, that can aid in a prosecution. So, here is a new decision in JDSupra,…

Kate Judson knows too well that science and criminal justice can often be at odds. After working as a public defender in New Mexico, the attorney spent seven years with the Innocence Network consulting on child abuse cases involving shaken baby syndrome. For years, the diagnosis had been used to support allegations of abuse, but…

American Prosecutors’ Powers and Obligations in the Era of Plea Bargaining. Darryl K. Brown [University of Virginia School of Law]. I. Introduction American prosecutors are generally understood to have a lot of power, and that power is often the subject of criticism. But whether American prosecutors’ power is problematic depends on the structure and operation…

On Wednesday the CAAF granted: No. 19-0411/AR. U.S. v. Norman L. Clark, Sr. CCA 20170023. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is granted on the following issues: I. DID THE MILITARY JUDGE ERR IN…

I have argued in a number of cases that the Service RPR provides greater obligations on TC beyond Brady-plus that requires more timely and broader obligations. http://www.abajournal.com/web/article/split-over-prosecutors-ethical-disclosure-duties-intensifies#When:13:30:00Z

No. 19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is granted on the following issues: A CONFLICT OF INTEREST EXISTS WHERE THE INTERESTS OF AN ATTORNEY AND…

https://jsc.defense.gov/Portals/99/Documents/Article%20146a%20Reports%20-%20FY18%20-%20All%20Services.pdf?ver=2019-09-19-163824-157