Court-Martial Trial Practice

Under Article 62, UCMJ, the prosecution can appeal a military judge’s trial ruling under six circumstances. The two most common are: (A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification. For example, a military judge dismisses a specification because the specification fails to state…

The annual cost of detaining federal prisoners before trial and after sentencing is significantly higher than the cost of supervision in the community, according to figures compiled by the Administrative Office of the U.S. Courts. The annual cost of detaining federal prisoners before trial and after sentencing is significantly higher than the cost of supervision…

In British football, a player can commit a foul which is technical and the other team gets a free kick, and everyone keeps playing. More serious fouls can result in a yellow card (two in a game and you are off the field) or a red card which means immediate removal from the field. Well,…

The military already has rules and regulations about membership in certain hate groups. The tragic events at Charlottesville are likely to garner more attention to the issue of military personnel and hate groups. From Task & Purpose. James Alex Fields Jr., the 20-year-old Army basic training wash-out accused of running down counter-protesters demonstrating against hate…

As you know, Military Rule of Evidence 1102 provides that, Amendments to the Federal Rules of Evidence – other than Articles III and V – will amend parallel provisions of the Military Rules of Evidence by operation of law 18 months after the effective date of such amendments, unless action to the contrary is taken…

There is increasing attention to the possibility that DNA “evidence” at the scene of an alleged crime is just too good and may implicate the innocent. Touch-trace DNA is the issue. Here is an interesting discussion that may help form an argument to exclude DNA evidence or address it with the fact-finder at trial. https://lookaside.fbsbx.com/file/Report%20of%20Experts_Amicus.pdf?token=AWwJbOe3GfcAd141qS0fe9wi_hIkb-iYJQOYz9rinOAWooLUMn3fHxAcWZ0dO0sQ5tYl7vszIq6Z0biiJVHnrs1IMdtbBauurKCPEqH8FiodtPHXSOSyk5hIsemNGOyTNP0pGu6tJuo_5BGaU3sctikEikVvn4enmtAJQFZJCU_1EKrbEC0Kt7pt35eQSa3SFZQ

A major piece in the New York Times magazine by Emily Bazelon dissects the conviction of Noura Jackson for the murder of her mother. The accused’s DNA was excluded as a match for any of the three DNA profiles found at the scene and there was no physical evidence linking the accused to the killing.…

Virginia Military and Veteran Legal Resource Guide Attorney General Mark R. Herring has created the Virginia Military and Veteran Legal Resource Guide, a new tool to help Virginia servicemembers, military families, and veterans understand the unique legal protections, rights, and resources available to them under the law. Volunteer attorneys from the Office of Attorney General…

In my case of United States v. Lightsey, the CAAF has set-aside the decision of the Air Force Court of Criminal Appeals, and has ordered a new review to consider the impact of United States v. Hukill. Hukill applied the court’s decision in United States v. Hills to military judge alone trials.

Military veterans keep secrets from the battlefield. But retired Marine Richard Cachola’s refusal to reveal details of a traumatic experience he had while serving in Iraq — and the mental health treatment he received as a result — put him at risk of losing custody of his children. “My PTSD has no relationship to my…