Articles Tagged with depositions

I have for some time been challenging the limitation on the defense opportunity to get depositions.

The usual response is that a deposition isn’t for “good cause” because, according to the Discussion under R.C.M. 704, the witness “will be available at trial.”  I argue that R.C.M. 704 and the discussion are not procedure authorized by the President consistent with his Article 36, UCMJ, powers, but are substantive.  If it is substance, then it is beyond the Article 36 power.

Here is an interesting article on the federal rules which may help with my argument, we’ll see.

LTC Lakin has made his CNN appearance.  Courtesy of Dwight “ML” Sullivan and CAAFLog, here is a link.  Like DMLS I found the comment about protecting the client somewhat odd in light of counsel’s apparent involvement in producing the video which has in effect become LTC Lakin’s public confession of an “intent” to refuse orders.  As DMLS points out there is a link to Mr. Jensen’s own website, Paul Rolf Jensen . . . Lead Counsel for LTC Lakin.  That certainly should be admissible as circumstantial evidence of intent as to the missing movement charge.  LTC Lakin’s supporters are not happy about the CNN interview, as this piece at World News Daily indicates.  Frankly I wasn’t happy with it either as a lawyer who regularly defends clients at court-martial.

I thought I’d use this case as a way to refresh ourselves on how a defense counsel should approach an Article 32, UCMJ, hearing regardless of the accused or the charges.  (I HAVE CREATED A LTC LAKIN PAGE here – which I will update as a relevant event happens or I have time.)

Cooper dominated the combative interview, demanding answers from Lakin, telling his lawyer, Paul Rolf Jensen, to let his client answer and then forging ahead with his own arguments.

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