Jessica D. Gabel & Ashley D. Champion, Regulating the Science of Forensic Evidence: A Broken System Requires a New Federal Agency, 19 Texas L. Rev. See Also 19 (2011). Science has its watershed moments. In February 2009, the National Academy of Sciences released its much-anticipated diagnosis of and prescription for…
Here is an interesting book. Here is a review that’s better than I could write. The book is not about courts-martial. There are several books that are good reads on military justice. Here are a couple.
On 22 March 2012, CAAF made summary disposition of United States v. Sobenes. No. 11-0566/MC. U.S. v. Alan D. SOBENES. CCA 201000381. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, we note that the convening authority…
In addition to oral argument in Vazquez (link to argument here), the court issued several opinions of relevance to military trial and appellate practitioners: what are the “rules” and standards for IAC in regard to pretrial negotiations. Lafler v. Cooper and Missouri v. Frye. the Court vacated the decision of…
The Hamdaniyah related case of United States v. Hutchins ends, at NMCCA at least.
On 20 March 2012, NMCCA decided United States v. Jones; and in doing so they have answered a question that was not unexpected, but took a little while to come. In United States v. Miller, 63 M.J. 452 (C.A.A.F. 2006), CAAF decided prospectively that defense counsel must advise a client…
From time to time I raise a “constellation of error” in an appellate brief. Otherwise known as the doctrine of cumulative error. See United States v. Gray , 51 M.J. 1, 61 (C.A.A.F. 1999). We hold, therefore, that this case “falls . . . within the ambit of the doctrine of…
Various rules in the R.C.M. and the Military Rules of Evidence require notice to the other side. Some rules are explicit, for example Mil. R. Evid. 412 requires notice no less than five days “before entry of pleas”, unless the military judge sets an earlier time. Mil. R. Evid. 412(c)(1)(A),…
Judge Posner has authored an interesting opinion in United States v. Flores-Lopez. In the case police seized a cell-phone and took some phone numbers. But in the process of deciding the limited Fourth Amendment issue, Judge Posner raises (but leaves to another day) the legitimate question that today’s cellphones are…
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