Court-Martial Trial Practice

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…

The judge raps the gavel and announces that, “this court is adjourned.” Now what? That happened to Gunnery Sergeant Rodriguez years ago. BLUF — Rodriguez loses because his petition was filed 14 days too late. You’ve been through the pro-forma signing of the appellate rights statement. Now what? Most don’t have any appellate experience so…

Professor Yung reports that: The Fourth Circuit Got it Right. (The U.S. Fourth Circuit is considered one of the more conservative of the Circuit Court’s of Appeal.) There has been some litigation over the Adam Walsh Act and whether or not all or parts of it are constitutional. Predictably most lower courts have said that…

In April we posted about Crawford and expert testimony, and we’ve blogged about other confrontation issues. A commenter has brought some helpful information to our attention, and now yours. 1. Federal Criminal Defense Journal. The Fall inaugural issue is on line. It’s a new journal so we’ll have to see where it takes us, but…

C.A.A.F.’s decision in United States v. Burton, __ M.J. ___, No. 07-0848/AF (C.A.A.F. Jan. 15, 2009), leads to consideration of arguments on findings. [and for the curious, United States v. Burton, No. ACM 36296 (A.F. Ct. Crim. App. July 16, 2007) (unpublished).] The general principle on argument at trial is that: Counsel should limit their…