Court-Martial Trial Practice

Cronin v. United States, __ F.3d ___ (Fed. Cir. Aug. 28, 2014), deals with claims for injuries sustained during or aggravated by conditions of service. It is noteworthy to me because, among a number of significant claims of physical injury, the plaitiff raises issues of PTSD for which she was not to be compensated. She…

For some time now each of the Services have been undergoing a draw-down. Naturally, you would think that they would cut those with significant misconduct or performance issues, and that there should be any number who would fit into that category. Here is an interesting piece about some of the reasons most Army majors have…

Domestic violence is bad. But I would suggest that the issue is normally only dealt with as a women’s issue. This report should cause people to think – just a little bit – that men are not always the perpetrators, and that “alway believe the victim” – read the woman, training is flawed. One-third of…

“That the power to prosecute is a fearsome thing, and, when employed as political tool, is the quick road to tyranny.” Bill Otis, Politics & Prosecution, a Toxic Brew, 16 August 2014. I am not a libertarian, but I am one of the defense counsel and independent liberals Mr. Otis will frequently berate, sometimes with…

Prof. Colin Miller, one of my favorite bloggers on evidence, addresses a best evidence issue raised in People v. Haggerty, No. 129, (N.Y. 2014). Haggerty was accused of defrauding Mayor Bloomberg. During presentation of the prosecution case they called a witness to testify about the contents of a trust fund through which the fraud was…

has published a symposium – articles related to military justice, specifically sexual assault cases. Both sides will find something in the articles. Of particular interest are two articles: Major Seamone’s article about secondary affect on military justice practitioners from over exposure to sexual assault cases, and Colonel Schenk’s disagreement with the statistics and compilation of…

No this is not a comment on T. Scott McLeod’s book. Nor is it a comment on how to make providence work in your favor, although by the results it could be. Oh, sorry. Ya gotta read United States v. Stout, decided by ACCA on 25 July 2014. The accused plead guilty to abusive sexual…

The military SVC programs have been ongoing for a little while. So some signs of the good and bad are starting to show. It is too early to tell if the issues are start-up issues or long term fixes, or cavitations or super-cavitations. One aspect to be expected and not wholly rejected is alleged victims…

No. 14-5007/AF. U.S. v. Steven S. MORITA. CCA 37838. Review granted on the following issue: WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT A RESERVIST CAN CREATE COURT-MARTIAL JURISDICTION BY FORGING ACTIVE DUTY ORDERS AND/OR INACTIVE-DUTY TRAINING ORDERS AND BY FINDING THAT COURT-MARTIAL JURISDICTION EXISTED FOR EACH 120-DAY PERIOD LISTED ON…

On occasion I note civilian court opinions that reference or rely on military appellate case law. In my view, because of technology we see more courts, especially federal courts, cite to military appellate case law. In United States v. Buchanan, the accused sought to prevent a guardian ad litem (GAL) from filing motions. The court…