Court-Martial Trial Practice

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…

Thanks to Prof. Berman at Sentencing Law 7 Policy who directs us to Murray, Brian, Are Collateral Consequences Deserved? (January 29, 2019). Available at SSRN: https://ssrn.com/abstract= I have a standard sex offender registration motion that I use in all cases in which a sex offense is charged and if convicted the client will have to…

SECNAVINST 5720.42G, 15 January 2019.

On appeal, Appellant asserts three assignments of error: (1) whether Appellant is entitled to sentence relief due to the conditions of her post-trial confinement; (2) whether Appellant is entitled to relief because the Staff Judge Advocate’s Recommendation (SJAR) failed to address alleged legal errors; and (3) whether the approved sentence is unduly harsh as compared…

Advising a client on SOR is difficult. They want specific answers and often you can’t give them more than general advice. There are several points I try to make with clients. Title I of the Adam Walsh Child Protection and Safety Act of 2006, the Sex Offender Registration and Notification Act (SORNA), specifically includes certain…