Are military law enforcement investigations complete, thorough, and unbiased? It depends. The MCIO leadership and agents will tell you they are. Our experience over the years both as military defense counsel and military prosecutors is that investigations can be incomplete, with leads not followed, evidence not retrieved, and bias in…
What, if anything, can you as military defense counsel do if you suspect some shenanigans during panel member deliberations? Military Rule of Evidence 606 states the basic rule against questioning the panel members during or after the trial about what went on during deliberations. Prohibited Testimony or Other Evidence. During…
Going through some old files I came across the Excerpts from a letter which the Powell Committee recommended The Judge Advocate General of the Army send to officers newly appointed as general court-martial convening authorities. (Committee on the Uniform Code of Military Justice, Good Order and Discipline in the Army:…
Seems to me that the best practice is to raise any possible UCI claims prior to trial on the merits–depending on when you learn of the alleged UCI. The general rule is the defense does not waive UCI by failing to raise it at trial. Id. at 193. This rule,…
This Court unequivocally endorses the Supreme Court’s observation that “[f]ederal courts have an independent interest in ensuring that … legal proceedings appear fair to all who observe them.” Wheat v. United States, 486 U.S. 153, 160, 108 S. Ct. 1692, 100 L. Ed. 2d 140 (1988). United States v. Boyce,…
When the Congress, the media, and commanders called for a crackdown on military sexual assaults, the fear among the defense bar was the specter of unlawful command influence. Most of the cases have focussed on pretrial and post-trial. But the biggest fear was realized in United States v. Schloff, a…
The CAAF took the following action last Friday. No. 16-0309/AR. U.S. v. Michael B. O’Connor. CCA 20130853. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and in light of the conflicting affidavits between Appellant and his trial…
When a judge decides a motion at court-martial they will present the facts they have found, discuss the law, and make their conclusion. On appeal, when the military judge makes proper findings of fact, the court will accept those facts for the purpose of review unless there is an abuse…
Family of sailor slain in Newport News seeks court-martial, The Associated Press, October 1, 2009 NEWPORT NEWS The family of a sailor slain in Newport News is pressing the Navy to court-martial and dishonorably discharge the fellow sailor convicted of killing her. Sen. John Kerry, D-Mass., has already weighed in,…
To qoute CAAFLog: Here's a link to NMCCA's unpublished opinion in Chessani, which it released today. Bottom line up front: the Government's appeal is denied.