Court-Martial Trial Practice

Stars & Stripes reports: If I were Petraeus’s lawyer or your lawyer and got a similar result I’d be ecstatic, as would you be. But the other part of me asks what I should tell you the young enlisted client, the NCO, the junior officer, the senior officer, in a similar situation. I fear you…

Although we question the prosecutorial judgment in charging adultery in conjunction with an instance of sexual assault, we find the evidence is legally and factually sufficient to sustain the conviction in this particular case. Article 66(c), UCMJ, 10 U.S.C. § 866(c). United States v. Dockery, No. 38624, n. 1 (A.F. Ct. Crim. App. 2 December…

In preparing the petition for Schloff, we looked to the amount of cases coming through the system related to prosecutions under UCMJ art. 120. The Army is “reporting” about 60% of cases for last year were sexual assault/120 cases. We have not been able to gain similar “information” from the Air Force or Department of…

How many times do we see the private search as an issue. The upset spouse searches the computer to find evidence of infidelity, the Sailor’s friend or roommate comes across contraband CP on a computer and looks further, etc., etc., etc. A responsible law enforcer would take the information to get a search warrant or…

The Washington Post has an article by Orin Kerr on a report in the New York Times about a bill introduced in Congress to change or clarify the “mens rea” required in federal criminal statutes. I probably should not comment on where the proposal may have come from. It is proposed that: § 11. Default…

On 30 November 2015, the Supreme Court heard oral argument in Musacchio v. United States, a case of potential interest to military justice practitioners. There are two questions presented. (1) Whether the law-of-the-case doctrine requires the sufficiency of the evidence in a criminal case to be measured against the elements described in the jury instructions…

The petition for a writ of certiorari has been filed in Sullivan v. United States, CGCMG 0285 (C.G. Ct. Crim. App. 25 September 2014)(unpub.), 74 M.J. 448 (C.A.A.F. 2014).

We all laugh at TV shows and movies which we think of as fantasy. The CSI shows, NCIS, JAG, among . We ..get a laugh out of them. But reality may make you cry. Nathan J. Robinson, Forensic Pseudoscience: The Unheralded Crisis of Criminal Justice. Boston Review, November 16, 2015. This past April, the FBI…

My title is the title of an excellent article in the Air Force Reporter by Thomas G. Becker. Mr. Becker takes on the amount of damage done to military justice and the truth-seeking process because of the changes to Article 32 proceedings.

“[I]t is relatively straightforward for an innocent person’s DNA to be inadvertently transferred to surfaces that he or she has never come into contact with. This could place people at crime scenes that they had never visited or link them to weapons they had never handled.” In discussing United States v. Henning, No. 20150410 (A.…