A constant pet frustration – lack of understanding of how to impeach. Let’s look at this from a common witness situation – the good military character witness. Witness: Blah, blah, blah. Witness: In my opinion Private Rumpelstiltskin is a good Soldier. Trial counsel: Now LTC Witness, you’re aware that the Private received an Article 15…
Continue reading ›FourthAmendment.com has this post: Today is the 26th anniversary of United States v. Leon and the good faith exception. When I remembered that this morning, I had a flash back to the last CLE I did for prosecutors about 1990 where the speaker after me referred to July 5th as “Independence Day from the Fourth…
Continue reading ›I was going through a couple of old cases looking for some information to use in a current case. Here’s a interesting curative instruction. Coming across this lead me to muse about how strange and how frequently seasoned law enforcement witnesses “forget” that there are certain words or issues they are not supposed to testify…
Continue reading ›In United States v. Morton, ACCA on remand from CAAF found no “dramatic change in the penalty landscape” and affirmed the sentence imposed at trial. On first review ACCA had set-aside two specifications regarding a falsification of a sick-slip under Article 123, UCMJ. But ACCA then affirmed two specifications thought to be closely related to…
Continue reading ›When enlisting or at certain other times:” I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the…
Continue reading ›Now, don’t get discouraged when your being encouraged doesn’t work out. Remember a primary court-room rule: never let them see they’ve hurt you. Not too long ago Judge Vowell was chief in the Army’s First Judicial Circuit. One of her rules of court was that both counsel must comply with Federal Rule of Civil Procedure…
Continue reading ›In the world of military justice it’s the small things that seem most encouraging at times. So . . . In my standard Article 32, UCMJ, production request (based on R.C.M. 405(f)(9)(10) primarily) or trial discovery demand one of the provisions is this: 3. Declination to Produce or Disclose. a. If any information responsive to…
Continue reading ›Air Force (and the other) Times reports: The unemployment rate for veterans rose slightly in June, to 8 percent overall and 11.5 percent for Iraq and Afghanistan-era veterans, a sign that expanding programs aimed at helping veterans find work are not working in a stagnant job market. June employment statistics released Friday by the Labor…
Continue reading ›Coast Guard News reports: Criminal charges ranging from involuntary manslaughter to dereliction of duty have been preferred by the Coast Guard against four boat crewmembers from Coast Guard Station San Diego in connection with a fatal collision between one of the station’s patrol boats and a civilian vessel in San Diego Bay late last year.…
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