You are on trial for an offense and the prosecution wants to introduce evidence against you under Military Rule of Evidence 404(b). How does that work and what can your military defense lawyer do to exclude such evidence. The first step is to object to the evidence before trial by filing a motion in-limine. Your…
Continue reading ›When the government does not like the decision of a Court of Criminal Appeals–because it favors the Appellant, the Government has an automatic “appeal.” It’s called certifying the issue. This is an example of unfairness and discrimination in the appellate process which military defense lawyers are well aware of. So, how does that work. The…
Continue reading ›I. Introduction Stalking is a serious offense under military law, reflecting the military’s commitment to protecting service members from harassment, intimidation, and threats. It is criminalized under Article 130 of the Uniform Code of Military Justice (UCMJ), which was introduced as part of the 2013 amendments under the National Defense Authorization Act (NDAA) for Fiscal…
Continue reading ›A “coram nobis” appeal is a legal procedure used to challenge a criminal conviction or sentence after all other legal avenues for relief have been exhausted. It is a form of post-conviction relief available in some U.S. states and federal and military courts. Coram nobis appeals are generally limited to situations where there is newly…
Continue reading ›A person being tried at court-martial may have their case dismissed before the members (jury) reach any findings. One way that can happen is when the military judge declares a mistrial. Your military defense lawyer should know what to do if the same charges are re-referred to a court-martial–the prosecution taking a second attempt to…
Continue reading ›Well, calls for change to the new changes for the prosecution of sex crimes have already begun. During the Conference over the NDAA FY 22, sexual harassment was removed from the list of covered offenses under the jurisdiction of a special trial counsel (STC). But, the President was tasked to enumerate an offense of sexual…
Continue reading ›Does the defense in a court-martial under the Uniform Code of Military Justice (UCMJ) have to give discovery about your defense to the prosecution? Yes, sometimes. There are several rules set out in the Manual for Courts-Martial that your military lawyer or civilian defense counsel knows about. The rules are contained in Rule 701. Special…
Continue reading ›I blogged a bit of gossip the other day that there may now be up to 12 trial counsel working on Major Nidal Malik Hasan’s court-martial. I had blogged that Major Hasan had two military counsel, that appears wrong, and so too might be the rumor of 12 TC. Maj. Nidal Malik Hasan, the Army…
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