Registration for the Virginia CLE 42nd Criminal Law Seminar, is now online. You can attend live on 3 or 10 February. Note, VA will begin requiring a number of hours be live. They are cutting back on getting the full 12 online. The USCAAF Judicial Conference is scheduled for 7…
Court-Martial Trial Practice Blog
Blazier “trailer”
The NMCCA continues to pump out the Fosler cases with affirmances. But today there’s an interesting opinion in a urinalysis case. United States v. Alicea It’s unpublished. It’s about the use of documents and testimony from an expert about a urine sample tested by the Navy drug lab. NMCCA found…
Worth the read
Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has this interesting post, "Why Can’t Jurors Distinguish “Knowing” From “Reckless” Misconduct?” Recently, The National Law Journal carried a story about an important…
Up periscope!
Fayobserver reports that as of 09012012: Nearly 11 weeks after a panel of judges heard arguments in Timothy Hennis’ appeal, a decision still has not been made. El Paso Times reports: A Beaumont laboratory technician was confronted on Tuesday by a teenage family member who said he had sexually abused…
In the Supremes-10012012
(Sans TinyURL) Smith v. Cain is of importance to military practitioners because of the always issue of access to “CID” notes and case files. This is a case about discovery. Apparently the investigators’ notes contained conflicting information to that testified to by the star prosecution witness. The Supremes issued an…
Up periscope! 08012012
Week Ahead. LA Times reports that a panel of two officers and four enlisted have been selected for United States v. Wuterich. Merits to begin Monday. Week Behind. Ledger-Enquirer reports: One of five soldiers accused in the downtown beating of a former soldier was acquitted Wednesday during a court martial…
In the NMCCA
NMCCA has pumped out quite a few opinions recently. The trend of affirming GP Fosler cases appears to continue. And as to the remanded Fosler GP trailers you will be seeing this language. Regarding the remanded question, we again affirm the findings of guilty, pursuant to the appellant’s pleas, for…
The Thompson bounce
No. 10-0649/AF. U.S. v. Dean E. THOMPSON. CCA 37380. Review granted on the following issue: WHETHER APPELLANT RECEIVED POST-TRIAL INEFFECTIVE ASSISTANCE OF COUNSEL AND APPELLANT HAS MADE A COLORABLE SHOWING OF POSSIBLE PREJUDICE. The decision of the United States Air Force Court of Criminal Appeals is set aside. The record…
Impeachment of the witness
On cross-examination there are various ways to impeach a witness. In this day and age there can be quite a bit of information available on line, usually through social media. But a great potential source is the witnesses record book, which is why it should always be reviewed prior to…
It’s politics 2
Here is a piece by Bryant Jordan on Military.com with more on the recent “politicking” of a uniformed Reserve Soldier.