Court-Martial Trial Practice

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.

Do I have a felony is a frequent question to which the answer is – maybe. Of course the questioner is interested in the collateral effect of a special or general court-martial conviction. This becomes particularly important if you continue to commit crimes after release from the brig and the military. Are courts-martial courts under…

Did he go AWOL? In June 2012, Michael Hastings (of GEN McCrystal “fame”) appears to have made that suggestion in a lengthy piece published by Rolling Stone. The mother and father sit at the kitchen table in their Idaho farmhouse, watching their son on YouTube plead for his life. The Taliban captured 26-year-old Bowe Bergdahl…

In United States v. Blouin, ARMY 20101135 (A. Ct. Crim. App. 28 May 2014), the court has, in my view, taken a broader view of what qualifies as CP for the purpose of a guilty plea. However, the court is not taking an unknown or unvisited trail. Blouin was charged with possessing CP in violation…

In United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and United States v. Quigley, 35 M.J. 345 (C.M.A. 1992), the court set out a procedure to follow when an Appellant wants to raise and issue, but appellate counsel do not think it has merit for briefing. During my time as deputy director at Navy…

Real and to be expected-a natural consequence of how Congress and perhaps leadership is approaching the real and very important issue of preventing sexual assault? Military.com reports, In Survey, Lackland DIs Rip Leaders, Fear Recruits, 29 May 2014. A survey of basic-training instructors conducted during the worst sex scandal in Air Force history revealed a…

The CAAF has decided United States v. Paul, 74 M.J. ___ (C.A.A.F. May 29, 2014)(CAAFLog case page). The granted issue was: WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED WHEN IT TOOK JUDICIAL NOTICE OF AN ELEMENT OF A CHARGE IN VIOLATION OF GARNER v. LOUISIANA, 368 U.S. 157 (1961) AND MILITARY RULE OF…

What are the full limits of confrontation when it comes to scientific and expert testimony. Federal evidence blog notes: In denying certiorari review (this week0 in eleven cases raising Confrontation Clause and expert testimony issues, for the foreseeable future the Supreme Court will not resolve a significant issue that has been dividing the lower court;…