Articles Posted in UCMJ

Thanks to Professor Colin Miller for this piece. In Melendez-Diaz v. Massachusetts, the Supreme Court recently found that certificates of state laboratory analysts are “testimonial” and thus covered by the Confrontation Clause. Thus, if the forensic analysts (or similar experts) who prepared such certificates (or similar documents) do not testify at a criminal defendant’s trial,…

Here courtesy of Sentencing Law & Policy: This weekend’s must-read comes via this link at SSRN to a new piece by Margaret Colgate Love and Gabriel Chin concerning the Supreme Court’s important decision late last month in Padilla v. Kentucky. “Padilla v. Kentucky: The Right to Counsel and the Collateral Consequences of Conviction.” Here is…

It appears that the case of the “rapper” charged with making threats through rap songs and his website has been resolved. For some weeks the case drew criticism from supporters and the public and the military attitude to free speech issues. Something that we are seeing again in regard to LTC Lakin and Sgt Gary…

Professor Colin Miller has posted an excellent piece about the current status of expert testimony about the inaccuracies of eyewitness identification. I have done several posts on this blog (here, here, here, here, here, and here) about the inaccuracy of regular and cross-racial eyewitness identifications and whether expert testimony about this inaccuracy should be allowed.…

FayObserver reports that: An Army major who allegedly told another soldier that his fellow jury members in an October court-martial acted improperly and with an agenda testified Thursday that he never made such an allegation. Pvt. Justin A. Boyle – a sergeant before having his rank stripped – was convicted in October of involuntary manslaughter…

Washington Post reports that: A military jury has sentenced a soldier to die for killing a North Carolina mother and her two children in 1985.

NMCCA has decided United States v. Oglesby. The issue was prosecution sentencing evidence of other acts toward the victim which had not been charged. Appellant alleged that the military judge failed to conduct a proper 1001 and Mil. R. Evid. 403 balancing test. NMCCA disagreed. NMCCA found that the military judge properly evaluated the evidence…

FayObserver notes the issue yesterday where the members wanted answers about parole should he be sentenced to life. I found this piece odd. The jury left the courthouse at Fort Bragg about 5:30 p.m. Wednesday evening without a decision on a sentence for Hennis: life in prison or the death penalty. A death sentence requires…

There are good reasons that the military should be apolitical in public, and as political as it wants in the voting booth. Politics Daily reports: The Army will court martial a lieutenant colonel who refuses to deploy to Afghanistan because he won’t accept orders from President Obama, whom he considers unqualified to be commander in…

Military.com reports that: They are sold under catchy names like Sage of the Seers, Magic Mint and Thang, designer drugs that can be legally sold at shops and online in most cases. But due to their increasing use by Sailors and the effects they cause, these designer drugs have been added to the U.S. Navy’s…