Court-Martial Trial Practice

When a party objects to testimony or documents they should state “I object” and cite the evidence rule or principle and nothing else. You may be tempted, but don’t make a speaking objection. United States v. Gurfein, NMCCA 2019, is an example of why speaking objections are improper and can cause problems. I have had…

Ordinary Causation: A Study in Experimental Statutory Interpretation Indiana Law Journal, Forthcoming 73 Pages Posted: 9 Apr 2019 Columbia Law School Date Written: March 14, 2019 Abstract In a series of recent split decisions interpreting criminal and tort-like legislation, the Supreme Court has purported to give statutory causation requirements their ordinary, plain meaning. Armed with…

The Navy is establishing a new uniform for all detainees and prisoners in a Navy Brig (currently Charleston, Miramar, Chesapeake consolidated brigs). https://www.wearethemighty.com/military-culture/navy-uniforms-issued-in-brig

United States v. Vick, ACCA 2019. Prosecutors and convening authorities require an accused to plead guilty to charges which the accused is not provident, but it’s a take it or leave it deal and the accused dutifully complies, only to have the whole process go awry. Is Vick such a case of unreasonable requirements from…

Appellant argues his trial defense team was ineffective. Appellant’s argument involves mistaken identity, fraternal betrayal, technological mystery, and a healthy dose of bad luck. The argument is ambitious and engaging, it is also wrong. United States v. Carter, ACCA 2019.

As will be seen, this court-martial was a mess on several levels. Before discussing the facts surrounding appellant’s offenses, we are required to determine which specifications now remain before this court. See United States v. Solomon, ACCA 2019.

A case to look out for. United States v. Frost, No. 18-0362/AR Issue: Whether the military judge erred in admitting hearsay statements as prior consistent statements under Mil.R.Evid. 801(d)(1)(B)(i) where the defense theory posited the improper influence or motive preceded the allegedly consistent statements. Case Links: • ACCA opinion • Appellant’s brief • Appelllee’s (Gov’t…

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Here is a link to a few cases of interest that were provided me last week at the 49th VACLE Criminal Law seminar. Virginia is in the Fourth Circuit which, I believe, has a reputation as slightly conservative leaning. United States v. Abdallah, ___ F.3d___ (4th Cir. 18 December 2018). Code 45 Alumni and friend…

Appellant challenges the factual sufficiency of his conviction for sexually assaulting MB. We have reviewed the evidence, which includes a video-recording of appellant’s sexual encounter with MB. The video-recording demonstrates that MB repeatedly gave audible consent—or at least what reasonably appears to be audible consent—to sexual intercourse with appellant. Considering this evidence, we are not…