Court-Martial Trial Practice

The NMCCA has issued an interesting published opinion on a government appeal. United States v. Rios. From the opinion. The appellee is currently facing trial by special court-martial on numerous charges regarding larceny from the Marine Corps Exchange (MCX) on Camp Pendleton, California. He is alleged to have conspired with his wife to commit larceny[.]…

I posted the other day about Latorre v. FCI Elkton. A colleague who’s thoughts I value very highly had some things to say. Unfortunately LaTorrehandled his matter pro se and didn’t do it well, and so, got the “canned” decision that circulated some years back out of the federal judicial center. Just as unfortunate, it…

Worth-the-read is A PRELIMINARY DRAFT OF Proposed Amendments to the Federal Rules of Bankruptcy Procedure and the Federal Rules of Evidence, is the source for the ABA article I just posted about ancient documents. There is another proposal in the Draft relevant to technology. The drafters are suggesting changing FRE 902, which as we know…

The abundance of electronically stored documents is spurring a committee of the U.S. Judicial Conference to propose abolishing the “ancient documents” rule. The rule—803(16) of the Federal Rules of Evidence—allows the admission of documents that would usually be banned as hearsay if the documents are at least 20 years old and appear authentic. The National…

Some may remember United States v. Latorre, No. ACM 34670 (A.F. Ct. Crim. App. 3 April, 2002), 64 M.J. 80 (C.A.A.F. 2006). The case had something of a tortured appellate history, ultimately leading to a habeas corpus petition in federal court. See Background, at p.1. Like the mythical Phoenix, Latorre sought to get some lift…

The problem is that the CCA’s don’t do that enough. But at least they have the power. In United States v. Quick: The underlying issue is whether Article 66(d), UCMJ, authorizes the CCAs to order sentence-only rehearings. The government argues that the CCAs do not have that authority and asks that we overrule this court’s…

Amici are former federal prosecutors and senior Justice Department and government officials who have dedicated many years of service to the criminal justice system and have a continuing interest in preserving the fair and effective administration of criminal trials.2 As such, amici understand the duty of prosecutors “to seek justice within the bounds of the…

Sixty years after Congress created the UCMJ to protect accused servicemembers from abusive and arbitrary punishment, a significant faction in Congress now believes it must be almost completely dismantled and restructured because is is not being used aggressively enough. Multiple federal organizations and a fair number of outside parties consider the notion of due process…

There are some interesting articles for military justice practitioners in the Summer 2015, MLR. Barracks, Dormitories, and Capitol Hill: Finding Justice in the Divergent Politics of Military and College Sexual Assault  3. By Major Robert E. Murdough.pdf Rudderless: 15 Years and Still Little Direction on the Boundaries of Military Rule of Evidence 513 4. By…

At trial, the Government repeatedly sought to use Edwards’s silence after he was Mirandized as substantive proof of guilt as well as for impeachment purposes. Over Edwards’s objection, the Government emphasized in its closing that Edwards had remained silent after law enforcement showed him the contents of the suitcase, suggesting a culpable state of mind.…