Court-Martial Trial Practice

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

If you, like me and some of my colleagues, have personal experiences from military clients who commit, get stopped in the act, or consider suicide while pending court-martial, you are facing a difficult challenge. My first was a client I was representing on appeal who hung himself in the SHU at the USDB. Sadly, I’d…

22 September is the anniversary of Nathan Hale being executed for spying against the British forces. In New York City on September 22, 1776, Nathan Hale, a Connecticut schoolteacher and captain in the Continental Army, is executed by the British for spying. A graduate of Yale University, Hale joined a Connecticut regiment in 1775 and…

https://constitution.congress.gov/

Shawn Boyne, Pre-Trial Procedures in Criminal Cases. Prof. Boyne (Indiana U., Robert H. McKinney Sch. of Law), has an interesting read. Does this seem familiar? In the past two decades, scholars have not only questioned whether the “contest”between the parties is a fair one, but also debated whether prosecutors possess a “conviction mentality” that undermines…