Court-Martial Trial Practice

Allowance frauds
Philip D. Cave

BAH/TAD fraud cases cane be complex for a lot of different reasons. But here is a reminder of one aspect from the Coast Guard Court of Criminal Appeals in, United States v. Peters. This is actually a common mistake by the prosecution when charging fake receipts, and when charging for multiple acts that are performed…

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Over-egging the argument
Philip D. Cave

Some prosecutors get carried away with their mission and over over-egg their argument. In a winnable case it shouldn’t be necessary. If you’ve got a bad case, but get a conviction it may lead to reversal. Here’s another example. A Connecticut appeals court decided to send a message to a prosecutor accused of appealing to…

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Prosecutorial misconduct
Philip D. Cave

I posted a while back about the Texas prosecutor arrested and being prosecuted for Brady violations. Here is a link from Prof. Berman about The investigative journalism website ProPublica has now published another installment in its notable series of pieces concerning the problems of prosecutorial misconduct. The series is titled “Out of Order: When Prosecutors…

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Ask the members
Philip D. Cave

Judges confronted with allegations of racial or ethnic bias among jurors are allowed to investigate the claims, the District of Columbia Court of Appeals ruled yesterday. The opinion created a new exception to case law historically barring judges from questioning jurors about their process. h/t The Blog of Legal Times. Kittle v. United States, quotable…

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