This site is for the trial practitioner (the military lawyer) of military justice, and for the information of U.S. active duty, Guard, and reserve service-members, their spouses and their families. Our goal is to focus on trial practice issues in cases arising under the UCMJ and being tried at court martial. We hasten to add that nothing on this blog should be taken as specific legal advice for a specific client.

I am an unabashed advocate of DoD finding a way to have all military courts in a module in PACER, or that DoD develop something similar.

But, until that happens, military appellate court websites are a necessary tool for a military justice practitioner (TC/DC, SJA, MJ).  So I do have a sense of frustration when they are down for longer than 24 hours. Here’s my why this is frustrating.

Every morning after my first coffee and cigar I open up the website for each of the military appellate courts.  (My feedly feed brings me CAAFLog in the regular stream.)

There are a couple of interesting items in Vol. 224, MIL. L. REV.

MILITARY JUSTICE INCOMPETENCE OVER COMPETENCY DETERMINATIONS, by Major David C. Lai.  This is relevant to me because I have an appellate case where there are issues with the client’s current competency and there were at trial.

ALWAYS ON DUTY: CAN I ORDER YOU TO REPORT CRIMES OR INTERVENE? By Major Matthew E. Dyson.  This is highly relevant in regard to the ongoing sexual assault issues and considerations of by-stander behavior.

It’s just sad that the public, and more importantly practitioners before the court have to rely on handouts from colleagues to get news out there about events in the CAAF.

Here’s another.  In United States v. Commisso, CAAF has granted on the following issue.

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN DENYING THE DEFENSE’S POST-TRIAL MOTION FOR A MISTRIAL, THEREBY VIOLATING APPELLANT’S RIGHT TO HAVE HIS CASE DECIDED BY A PANEL OF FAIR AND IMPARTIAL MEMBERS, BECAUSE THREE PANEL MEMBERS FAILED TO DISCLOSE THAT THEY HAD PRIOR KNOWLEDGE OF THE CASE.

 

Since Denedo, and definitely since Padilla, military defense counsel must tell a client about the potential for deportation.

A former U.S. Marine from Jamaica who was convicted by special court-martial of having sex with a girl younger than 16 is eligible for deportation, the Third Circuit ruled.

Gurson Gourzong, a native of Jamaica, was admitted to the U.S. as a lawful permanent resident in 1983, and thereafter joined the U.S. Marine Corps.

The National Post (Canada) reports:

The Canadian Forces has distributed 120,000 wallet-size cards to military personnel to remind them that sexual assault is an “inappropriate” behaviour.Canadian Forces

The cards are to be carried by military staff on the job, including when they are sent overseas.