Court-Martial Trial Practice

Say it ain’t so . . . The Army Court of Criminal Appeals goes to Harvard Law School on 5 February 2009, to hear oral argument in a case that is closed to the public — or at least that’s the perception. Information came our way a short while ago from an attorney practicing before…

In United States v. Remsburg, No. 20070161 (A. C.t. Crim. App. 30 January 2009), the court looked at three issues: whether the judge improperly restricted defense solicitation of favorable victim impact testimony; whether the judge was mean to the defense counsel; and post-trial delay. On the post-trial delay issue the court notes: In his addendum,…

Well, according to the military appellate courts and law, a military member can consent to a search. However, is that realistic. The military is a society that follows orders. Can the circumstances surrounding the request for a consent search be so (objectively?) onerous as to make a refusal futile. I think so. Remember how the…

For many years I’ve had a small book on my shelf called How to Lie with Statistics first published in 1954. I see that it is now in a 1993 paperback edition, with pictures. Darrell Huff, How to Lie with Statistics, W. W. Norton & Company (September 1993). I am reminded of Mr. Huff’s book…

As a defense counsel you can learn a lot from the prosecutors. Here is a APRI monograph which explains emails and how to maybe identify who has been sending them. This type of information is as equally useful to the defense counsel as to the prosecutor. The reverse of course works for prosecutors. Make Sun…

Professor Yung posts and asks Which Community Standard? The question relates to purchasing of alleged obscence materials across state lines. For courts-martial, the community standard question is also important for allegations alleging indecency or obscenity. It would be beneficial for a service-member being prosecuted at court-martial for an incident in the local town to argue…

Professior Miller’s blog has this topic Let’s Make A Deal: Supreme Court Of Pennsylvania Correctly Affirms Rule 410 Ruling But On Wrong Grounds.” Evidence Prof. Blog, 30 January 2009. Professor Miller argues, correctly, that the court was right, but for the wrong reason (under Federal Rule of Evidence 410, as well as the Pennsylvania Rule).…

From SMART (Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking), Office of Justice Programs, Department of Justice. A Practitioner’s Guide to the Adam Walsh Act Cases Interpreting 18 USC 2250 (September 23, 2008) Sex Offender Registration Law Update #21, December 02, 2008 And much more through Professor Yung’s excellent blog site on Sex…

In United States v. McPherson, CCA 20070115, No. 08-0651/AR, the court has granted the following issue. WHETHER AN HONORABLE DISCHARAGE (SIC)FROM THE UNITED STATES ARMY RESERVE WITH ACCOMPANYING ORDERS, EFFECTIVE AFTER SENTENCING BUT PRIOR TO ACTION BY THE CONVENING AUTHORITY, HAS THE EFFECT OF REMITTING THE BAD-CONDUCT DISCHARGE ADJUDGED AT THE APPELLANT’S COURT-MARTIAL AND LATER…

— Or more likely you can’t un-ring the phone. United States v. Thomas, 2009 U.S. Dist. LEXIS 4389, No.08-cr-87-bbc-02 (W.D. Wis. January 20, 2009), is of interest for several reasons: the use of cellphone tracking technology, and application of the recent U.S. Supreme Court decision in Herring v. United States. First for the techies. Police…