Court-Martial Trial Practice

Sentence Relief-Worth the Read
Philip D. Cave

This article showed that the vast majority of court-martial sentences are affirmed by AFCCA. On the rare occasion when sentence relief was granted, it was usually not based on factual sufficiency or sentence appropriateness. While there has been some fluctuation in how often AFCCA grants sentence relief, it is minimal and to some extent explained…

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Junk Science Reigns
Philip D. Cave

so starts a post at wrongfulconvictionsblog–Junk Science Reigns ____ So Much for True Science in the Courtroom. [W]hen the National Academy of Sciences report Forensic Science in the United States; A Path Forward was published people thought we might see a true effort to address “junk science being used to convict innocent people.” The report…

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Continuance denied
Philip D. Cave

Please don’t do this. [T]he defense counsels did not respect the judge’s ruling. [I]n an astounding show of contempt, [they] tried to force the judge to reverse himself by their unilateral withdrawal from the proceedings, on the apparent pretext that they were not prepared. They did not: voir dire the members challenge any member make…

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Check the post-trial victim impact statements
Philip D. Cave

The recent Air Force Court of Criminal Appeals case illustrates why defense counsel, and staff judge advocates, should exercise care with victim impact statements submitted post trial. In United States v. Goss, the court reminds us that: Article 60, UCMJ, was amended to include a new subsection “(d)” that authorized the submission of victim impact…

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Why Do We Have No Clue How Often Rape Is Happening
Philip D. Cave

My title is from the title of a piece in Mother Jones. Federal agencies don’t have a uniform definition of sexual assault, and that has led to dramatically different estimates on the frequency of sexual violence in the United States, according to a new report from the Government Accountability Office. Currently, four federal agencies—the Department…

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