Court-Martial Trial Practice

Worth the Read for the weekend
Philip D. Cave

AF Reporter. THE FIFTH AMENDMENT IN THE DIGITAL WORLD 2 Technology has breathed new life into the interpretation of constitutional provisions. EXCEPTIONAL TRANSITIONAL COMPENSATION 34 Help for Family Member Victims When Discharge Happens Before the Offense is Adjudicated [; increasing the secondary gain incentive]. AF Law Review. SERVE HONORABLY, FOREIGN-BORN SERVICE MEMBER, OR RISK DEPORTATION:…

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Chelsea Manning’s sentence commuted by the President
Philip D. Cave

The New York Times reports: President Obama on Tuesday largely commuted the remaining prison sentence of Chelsea Manning, the army intelligence analyst convicted of an enormous 2010 leak that revealed American military and diplomatic activities across the world, disrupted the administration, and made WikiLeaks, the recipient of those disclosures, famous. The decision by Mr. Obama…

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Three new SCOTUS grants of potential interest
Philip D. Cave

The most potentially relevant is McWilliams v. Dunn, No. 16-5294, involves a question regarding the degree of independence needed for appointed mental health experts under Ake v. Oklahoma. Then there are: Weaver v. Massachusetts, No. 16-240: The defendant claims his lawyer was ineffective for failing to object to a closure of the courtroom during empanelment…

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A fence a structure does not make
Philip D. Cave

The Court of Appeals for the Armed Forces has decided United States v. Wilson, __ M.J. __, No. 16-0267/AR, for the appellant. The issue was: Whether the military judge erred in denying the defense motion for appropriate relief under Rule for Court-Martial 917 where the military judge improperly applied Article 130, housebreaking, to a motor…

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Military justice news — from Arkansas
Philip D. Cave

Courtesy of the Booneville Democrat we now know that Several bills . . . are among a number of bill filings this week at the State Capitol in preparation for the 91st General Assembly regular session. They include: House Bill 1059, by Rep. House, would criminalize the violation of a military order of protection to…

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Deathly news
Philip D. Cave

CBS news has picked up this: A former Fort Bragg soldier who killed four women and raped others more than 25 years ago is again headed for execution. The Fayetteville Observer reports Ronald Gray last week lost a battle to keep in place a federal court’s order issued eight years ago blocking his execution. The…

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A chilling thought for all Air Force sexual assault trials?
Philip D. Cave

“We thus readily conclude that ex parte communications between a military judge and an SVC are generally proscribed.” Yes, inexplicably, it was necessary for the Air Force Court of Criminal Appeals (AFCCA) to decide such an issue, as part of deciding what impact, if any, SVC’s ex parte communications had in a trial–a chilling thought.…

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Today history is prologue
Philip D. Cave

On this date in 1894 Captain Alfred Dreyfus was convicted of treason by a French court-martial. J’accuse. “[A] phrase made famous by Emile Zola in a public letter attacking the irregularities of the Dreyfus trial (published Jan. 13, 1898).” The accusation was enough. Although I think it should also be noted that he was Jewish,…

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