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…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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.…
Continue reading ›Captain John S. Reid, as this “Is It Hearsay? A Practical Primer,” in 43 The Reporter, No. 2 (2016), for a quick and good review of the various hearsay rules.
Continue reading ›Compulsive lying, or mythomania, can be common in people with Borderline Personality Disorder. ClearviewTreatment, Borderline Personality Treatment. Diagnosed, suspected? I believe there are several basic motivations to lie when you have BPD. There are also two types of lies: by admission (by telling) and by omission (by not telling). Both types are a problem with…
Continue reading ›The President has signed an Executive Order amending the Manual for Courts-Martial (which includes the rules of evidence) for 2016. Of significance, it will be even harder to challenge the admission of “confessions” or “admissions” of the accused. The current rule states that: “evidence obtained as a result of an unlawful search or seizure made…
Continue reading ›My good friend Gene Fidell recently posted this thought: New York County Surrogate Gideon J. Tucker wrote 150 years ago: “No man’s life, liberty or property are safe while the Legislature is in session.” Here’s a thought about Congress at work in 2016. His note is in relation to major (and minor) suggestions for change…
Continue reading ›Well I see the FOIA site is up in Bergdahl per the MJ’s order. https://www.foia.army.mil/ReadingRoom/Detail.aspx?id=103 There’s the normal minutiae for early appellate exhibits, the EDN for example. Of most interest may be the DSM-5 diagnoses of: Schizotypal Disorder at the time of the offense, and that plus PTSD now. Bottom line, the military docs are…
Continue reading ›I have commented on this before–post-CAAF habeas corpus, but a new case from the 9th is time for a reminder. Narula v. Yakubisin (CO, NAVCONBRING Miramar), No. 15-55658 (9th Cir. 17 May 2016). It is common for the military appellant to think about federal court once their military appeal is complete. The route to federal…
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