Court-Martial Trial Practice

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.

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…

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…

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…

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…

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…

There is an interesting issue in the UK about an outspoken general officer commenting on political matters. As you read the article below you’ll see that the UK is no different than the US in response to outspoken flag and general officers. Philip Hammond ‘tried to court-martial senior general’, new book claims General Sir Richard…

The CAAF took the following action last Friday. No. 16-0309/AR. U.S. v. Michael B. O’Connor. CCA 20130853. 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 members selection process is often at issue in a court-martial. One of the common concerns is the selection based purely on rank–usually the very senior. So, CAAF is about to enter the discussion again based on a grant yesterday. No. 16-0391/MC. U.S. v. Emmanuel Q. Bartee. CCA 201500037. On consideration of the petition for…

The CAAF has decided United States v. Rogers, __ M.J. ___ (C.A.A.F. 2016) today. The issue under consideration was a challenge to a member–the senior member–for implied bias that was (as CAAF now says, wrongly) denied by the military judge. The issue and decisions are not so troubling; the whole question of challenges to members…