Court-Martial Trial Practice

So goes the post of Rep. Ratcliffe (R-TX). Similarly, the second portion of my bill addresses enhanced sentences for individuals with prior sex offenses. Our child exploitation laws consistently call for higher sentences when a defendant has a prior conviction for federal or state sex offenses. However, these sentencing provisions do not consistently include all…

Chief Judge Erdmann is scheduled to leave the court in July 2017. At that point, the next judge in line will fleet up to be chief judge. Interestingly Judges Stucky and Ryan took the oath on the same day for the same term. However, I’m reliably advised that by statute Judge Stucky will become chief…

As part of due diligence defense counsel want to know as much about a witness as possible–that’s OK and ethical. Many of us have found helpful information on social media accounts. The gist of Formal Opinion 466 is that, within the context of Model Rule 3.5, a lawyer may review a juror’s or potential juror’s…

Sophie J. Hart & Dennis M. Martin, Essay: Judge Gorsuch and the Fourth Amendment, 69 Stan. L. Rev. Online 132 (March 2017).

CAAF’s Daily Journal has this entry for 8 March 2017. No. 17-0226/AF. U.S. v. Dorian K. Owens. CCA 38834. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER…

We caution trial counsel…[as to] how difficult this area of the law can be. There are still issues to be resolved in this arena…. With precedents far from settled, only the bravest of advocacy acrobats ought to tempt fate. (They do so at their own peril, for we guarantee no safety net against reversal). United…

The SCOTUS might soon give us an idea on the subject of jury nullification in Lee v. United States. Issue: Whether it is always irrational for a noncitizen defendant with longtime legal resident status and extended familial and business ties to the United States to reject a plea offer notwithstanding strong evidence of guilt when…

Today we take up the defense’s assignment of error and address the application of Mil. R. Evid. 412 to the government. Does Mil. R. Evid. 412 apply to the government? Yes. Must the government follow the procedural requirements before introducing evidence that falls under Mil. R. Evid. 412? Again, yes. And, finally, what happens when…

The Virginia legislature has passed SB1563. There are several provisions which should be adopted in military cases. D. Whenever the Commonwealth intends to introduce expert opinion testimony at trial, the attorney for the Commonwealth shall notify in writing the accused of the Commonwealth’s intent to present such testimony not later than 14 days before trial,…

MCIO ‘ware. It still doesn’t protect your phone, especially if you give consent–but what the heck, it’s something. NACDL Press Release: Nation’s Criminal Defense Bar Welcomes Passage by House of Representatives of the Email Privacy Act Washington, DC (Feb. 6, 2017) – Today, the House of Representatives passed the Email Privacy Act (H.R. 387). This…