Court-Martial Trial Practice

We have all been there. The unsophisticated suspect consents to the taking a search of their cell phone or computers. Or, the MCIO get a search authorization. Then investigators basically go on a fishing expedition for evidence of the current allegations, and anything else they can find–justifying anything else found on the “plain view” doctrine.…

O’Keeffe, Eamonn (2016) ““Such Want of Gentlemanly Conduct:” The General Court Martial of Lieutenant John de Hertel,” Canadian Military History: Vol. 25: Iss. 2, Article 2. At this court-martial of a junior officer, the British Army assembled 15 more senior officers to serve as the “jury” in the case. Today people whing about getting at…

The SVC also testified at the post-trial Article 39(a), UCMJ, session. When asked by the trial defense counsel if it was the “standard in practice as an SVC to meet with the military judge ex parte,” the SVC stated, “Generally, yes. We’re usually not included in [R.C.M.] 802 conferences, so generally the judge will speak…

John Wesley Hall’s website is an excellent resource for issues involving the Fourth Amendment–FourthAmendment.com. In pointing to a search warrant case Mr. Hall quotes from the opinion. We remind McCollum’s counsel that “the statement of facts in an appellate brief should be a concise narrative of the facts stated in accordance with the standard of…

Packingham v. North Carolina is the case of Lester Packingham, a North Carolina man who became a registered sex offender after he was convicted, at the age of 21, of taking indecent liberties with a minor. Six years after Packingham’s conviction, North Carolina enacted a law that made it a felony for registered sex offenders…

The Army Court of Criminal Appeals has raised an interesting question and important reminder in United States v. Keen, decided 20 October 2016. The court itself specified the following issue. WHETHER THE MILITARY JUDGE ACTED AS COUNSEL OR LEGAL OFFICER AS TO ANY OFFENSE CHARGED OR IN APPELLANT’S CASE GENERALLY OR FORWARDED CHARGES IN APPELLANT’S…

When I read that, I thought of “The Invisible War.” Friend and forensic psychologist Reneau Kennedy sent an interesting piece across the transom today. She forwarded a piece by Karen Franklin: “In the Dark” shines brilliant light on bungled Jacob Wetterling case Twenty-seven years ago, a perfect storm struck a small town in central Minnesota,…

Good friend Gene Fidell has drawn attention to a news release about the new report. In particular he notes that 23% of those surveyed last year would not recommend making a report. The 2015 survey report is Enclosure 3. Interestingly, last year nearly a number of respondents were dissatisfied with the various services available to…

SCOTUSBlog has an interesting post about the court’s relist practice. Some of us discussed the relist option when the court was considering the petition in United States v. Sullivan, 74 M.J. 448 (C.A.A.F. 2015) cert. denied. When last we wrote about the statistics of relists a little over a year ago, it was to report…

We have complications in CONUS trials with doctor-patient privileges. Overseas, host nation laws can make an already complex issue more difficult to navigate. COL (former military judge) Masterson discusses the administrative and legal difficulties under the NATO SOFA. Doctor-Patient Privilege Rules Overseas, ARMY LAW. August 2016.