On 20 May 2016, the President, exercising his powers under UCMJ art. 36, signed an executive order amending the Manual for Courts-Martial. Changes to the rules of evidence are included. It was a change to Rule 311 that has draw significant attention and discussion among the UCMJ literati. Basically, a military judge grants suppression when…
Continue reading ›Yes, is my answer, or at least that is my answer in a brief filed with the Army Court of Criminal Appeals and in several arguments at court-martial. Under Mil. R. Evid. 801(2), you can offer the out of court statements of an opposing party or certain statements of that parties lawyer as evidence. Such…
Continue reading ›Yes, is my answer. In several cases at trial I have objected to prosecution evidence under Mil. R. Evid. 412, for the prosecution’s failure to follow the rule. Mil. R. Evid. 412 is clear that it applies to prosecutors. First the rule states: A party intending to offer evidence under sub-section (b) must— RCM 103(16)…
Continue reading ›Worth the read is a pending Supreme Court petition that may have impact on military cases. Issue: Whether the Confrontation Clause permits the prosecution to introduce an out-of-court, testimonial translation, without making the translator available for confrontation and cross-examination. That is the issue in Ye v. United States, a history of which can be found…
Continue reading ›OPNAV INSTRUCTION 1750.3A From: Chief of Naval Operations Subj: TRANSITIONAL COMPENSATION FOR ABUSED DEPENDENTS
Continue reading ›SecNav has signed a new policy on administrative separations for misconduct where the person has a mental health issue. To protect Sailors and Marines suffering with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI) or any other diagnosed mental health condition, Secretary of the Navy Ray Mabus has made his department the first in the…
Continue reading ›Senator Gillibrand accused DoD of lying to her about certain sexual assault statistics. Defense Secretary Ash Carter is pushing back on reports that the Pentagon misled Congress on its handling of sexual assault cases, blaming misunderstandings and a lack of access to some information. Now here is the letter SecDef Carter sent in response. Did…
Continue reading ›A 31 May 2016 grant at CAAF. No. 16-0418/NA. U.S. v. Jeffrey D. Sager. CCA 201400356. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issues: IN AFFIRMING THE ABUSIVE…
Continue reading ›Now available: 05-09-2016, Investigative Oversight, Evaluation of the Separation of Service Members Who Made a Report of Sexual Assault (Project No. 2015C012), DODIG-2016-088. The report does not necessarily define what retaliation is–that’s a failing. Unfortunately people will start to believe it’s whatever the complaining witness says it is, even though something isn’t and shouldn’t be…
Continue reading ›As people know, I follow closely issues of improper prosecution argument. Trial counsel’s arguments present an opportunity for significant error and perhaps a new trial. Well, this snapped my head when first read. Appellant, a married African-American adult of 27 years, raises a complaint under Grostefon which merits discussion. He asserts government counsel referred to…
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