Court-Martial Trial Practice

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…

Professor Yung at Sex Crimes blog has brought attention to a Tennessee decision which would allow expert testimony about an accused’s sleepwalking in a child sexual abuse case. He ponders that, “I always discuss sleepwalking as an example, but students sometimes doubt it ever really comes up. I never imagined it would be a defense…

The Air Force Court of Criminal Appeals has issued a decision in United States v. Harris, __ M.J. ___, No. 2008-03 (A. F. Ct. Crim. App. 2009). IP: This was a government appeal under Article 62, UCMJ. Background: The accused had been prosecuted for use of cocaine. At trial he testified to an innocent ingestion…

Major Tyesha E. Lowery, One “Get Out of Jail Free” Card: Should Probation Be an Authorized Courts-Martial Punishment?, 198 Mil. L. Rev. 165 (2008). Probation is not an authorized punishment that can be adjudged by the military judge or members. The author of this article advocates allowing the trial sentencer to impose “probation,” and therefore…

Among the cases denied review were a test of the privacy of a worker’s computer when the employer agrees to let police search it for criminal activity — an issue raised by state officials in Florida v. Young (08-528)

Military personnel who suffer severe or moderate traumatic brain injury (TBI) face an increased risk for developing several long-term health problems, says a new report from the Institute of Medicine that evaluates the evidence on long-term consequences of TBI. These conditions include Alzheimer’s-like dementia, aggression, memory loss, depression, and symptoms similar to those of Parkinson’s…

On 3 February, the Court of Appeals for the Armed Forces will hear oral argument in United States v. Delarosa, No. 08-0390/NA [2008 CCA LEXIS 4, N.M. Ct. Crim. App. January 10, 2008)(unpub. opinion)]. The pending C.A.A.F. argument is somewhat interesting in light of the pending Supreme Court argument in Kansas v. Ventris, which we…