Court-Martial Trial Practice

Today, 5 November 2015, the Court of Appeals for the Armed Forces granted our petition in United States v. Pinkela, reversed the findings for aggravated assault and reckless endangerment, and affirmed a lesser included offense of assault and battery. United States v. Pinkela, ACCA — I. U.S.C.A.A.F. — I. This was a summary disposition with…

http://globalmjreform.blogspot.com/2015/11/in-good-to-see-category.html

The government filed its answer in Bergdahl v. Burke at CAAF today. You may note on page 1,before getting to the merits. It misidentifies the parties/ Mislabels the name of the pleading (Rule 19(e) calls for an “answer” not a “response”). Misaddresses the document to the judges of the wrong court, but also (d) fails,…

https://www.court-martial-ucmj.com/files/2015/10/Bergdahl-NBC-News-Amicus-Brief.pdf See more of the litigation at https://www.court-martial.com/bergdahl-appellate-litigation.html

The Joint Service Committee on Military Justice has proposed new rules for courts-martial, including rules of evidence. The proposal is open for public comment. All in One SEO Pack 1.6.14.6 by Michael Torbert of Semper Fi Web Design[196,278] /all in one seo pack Meta tags added by Robots Meta: http://yoast.com/wordpress/meta-robots-wordpress-plugin/ Facebook Like Thumbnail End Facebook…

I have updated events of today: Bergdahl. ACCA denies Hearst, et., al. petition for extraordinary writ. NIMJ files amicus in Bergdahl v. Burke at CAAF. Center for Constitutional Rights files amicus in Bergdahl v. Burke at CAAF.

Here are two items of potential interest to military justice practitioners from Volume 68 VANDERBILT L. REV. Todd Haugh, Overcriminalization’s New Harm Paradigm, 68 Vand. L. Rev. 1191 (2015). Joshua D. Foote, Hung Up on Words: A Conduct-Based Solution to the Problem of Conspiracy in Military Commissions, 68 Vand. L. Rev. 1367 (2015).

Here is another case where a military prisoner has sought habeas corpus relief, in the Kansas District Court (the Tenth Circuit). Valois v. Commandant, USDB The case provides a fascinating discussion of the maze and complexities of DoD and Service regulations the award of good time credit, work abatement, and such, applicable to clients confined…

Bergdahl v. Burke. More information here.

I’m a believer in Restorative Justice. In America The Vengeful this is an approach much derided and ignored. In my view that means the exacters of “justice” don’t really care much about the victim. Anyway, there are many facets to the concept one of them is repairing what has been done wrong. For the victim…