Court-Martial Trial Practice

Because of the current politics surrounding sexual assaults in the military, some are wondering what they can do in advance to avoid a later false claim of sexual assault. This has lead to a suggestion that the interactions should be video recorded, the idea being that the recording will later be evidence to defend against…

Naval Academy Professor Sues Navy Over Free Speech This reports Military.com: A civilian professor at the U.S. Naval Academy is suing the Navy, accusing it of violating his First Amendment right to free speech and chilling academic freedom. Attorneys for Bruce Fleming said Thursday that the professor was denied merit pay and $7,000 in summer…

United States v. Dreyer. A decision from the Ninth. On issues arising from the Posse Comitatus Act (PCA), the en banc court affirmed the district court’s denial of a suppression motion, and remanded to the three-judge panel for consideration of remaining issues, in a case in which the defendant was convicted of one count of…

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).