Court-Martial Trial Practice

OPNAV INSTRUCTION 1750.3A From: Chief of Naval Operations Subj: TRANSITIONAL COMPENSATION FOR ABUSED DEPENDENTS

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…

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…

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…

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…

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…

Here’s an interesting summary disposition from CAAF. No. 16-0468/AR. U.S. v. James H. Lee. CCA 20140309. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and in light of the conflicting affidavits between Appellant and his trial defense counsel, we conclude that the…

Recently, in United States v. Marsh, No. 38688 (A.F. Ct. Crim. App, Apr. 19, 2016), the (unnamed and not me or several of my closest friends) civilian defense counsel was held in contempt for late filing of a motion. It appears this was not the first time in the case for the same counsel of…

We tend to focus on IAC issues to do with the merits, which on occasion includes a failure to investigate. Here is a CAAF reminder, to us andACCA. No. 16-0468/AR. U.S. v. James H. Lee. CCA 20140309. On consideration of the petition for grant of review of the decision of the United States Army Court…

Something here for the downrange SJA/BJA. You’ll remember this: Joseph Goldstein, U.S. Soldiers Told to Ignore Sexual Abuse of Boys by Afghan Allies, N.Y. Times (Sept. 20, 2015),http://nyti.ms/1KrOuSM. And perhaps the Soldier trouble for beating up an Afghan. See Kyle Jahner, ‘One of the Best’: Defenders Show Support for Ousted Green Beret, Army Times (Sept.…