Court-Martial Trial Practice

Riley v. California. An important ruling today.

If you are concerned or unhappy with the high rate of “affirmed” – often without relief – U.S. courts-martials, perhaps you should consider moving to India. My good friend and colleague Gene Fidell at globalmjreform.blogspot.com/, reports on the 90% rate of reversal of court-martial convictions. Further to yesterday’s post this article from the Times of…

Eighth Circuit reviews whether a challenged evidence ruling by the trial court was properly preserved for appeal under FRE 103(b); the issue turned on whether the trial court’s ruling was “tentative” or “definitive”; the objecting party holds the burden to clarify the nature of the ruling, in United States v. Young, _ F.3d _ (8th…

Reports regarding an Irish court-martial and litigation involving Lariam are most interesting. Partly because of a case pending decision in the United States Court of Appeals for the Armed Forces. The Irish Times reports that: Taoiseach Enda Kenny has defended the Army’s continued use of the controversial anti-malaria drug Lariam, five years after the US…

The other day I commented about Grostefon issues. Well, here is another example of Grostefon possibly working for the Appellant. On Thursday CAAF granted review in the Air Force case of United States v. Yanez: No. 14-0411/AF. U.S. v. Joseph W. YANEZ. CCA 38181. Review granted on the following issue: WHETHER THE MILITARY JUDGE ERRED…

Safeguarding the Commander’s Authority to Review the Findings of a Court-Martial, Andrew S. Williams, Brigham Young University, June 5, 2013, 28 BYU Journal of Public Law (April 2014, Forthcoming) Abstract: “Do you really think that after a jury has found someone guilty, and dismissed someone from the military for sexual assault, that one person [the…

Most are now familiar with the NMCCA decision in United States v. Howell. In that case, compared to several others, the court found there was UCI affecting the trial and granted the appeal in Howell’s favor. Howell is not out of legal jeopardy, because the court decided: A rehearing may be ordered. And it is…

I posted at CAAFLog about a search conducted in the defense counsel offices at Camp Pendleton. Here Marine Corps Times reports some of the fallout, including it looks like one of the photos we put up on CAAFLog. In the wake of a controversial search of Camp Pendleton, California, defense attorneys’ offices by military investigators,…

I have commented before that an Appellant sometimes gets a grant on a Grostefon issue, and sometimes wins something. Unfortunately for Cerion R. ALLEN, he got a Grosty grant, but the victory was Pyrrhic. No. 14-0519/AR. U.S. v. Cerion R. ALLEN. CCA 20120742. On consideration of the petition for grant of review of the decision…

On a historical note – – – On 20 May 2014, the DOD released a copy of “Final report and recommendations from Defense Department (DoD) Good Order & Discipline Panel, 1997-1998.” Of the many places on the web to find information, governmentattic.org posts its DOD related FOIA releases here.