Court-Martial Trial Practice Blog

Now the Iowa primary is done, we are off to the races for a new election year. Here’s a reminder, from Stars & Stripes, that politicking in uniform is not allowed.

Courtesy of federalevidence here is their list of potential significant evidence issues affecting criminal cases this coming year. Supreme Court Watch: Williams v. Illinois: Confrontation Clause – Pending Decisions Confrontation Clause: More Notice and Demand Rules? Supreme Court Watch Open Issue: Confrontation Clause – Resolving An Open Issue on the…

Because the President has signed the National Defense Authorization Act, subpeona’s duce tecum can now be issued for production of documents at an Article 32, UCMJ, hearing.  Section 542 amends Article 47, UCMJ.  The relevant piece is: (1) in subsection (a)– (A) in paragraph (1), by striking “board;” and inserting…

NMCCA has had a “disparity” week. United States v. Ochoa, is a case addressing a not infrequent issue, sentence/disposition “disparity” between co-accuseds.  [A]ppellant’s claim does raise the issue of differences in initial disposition of co-accused, an issue that can be viewed by this court in determining sentence appropriateness under Article…

They slipped one through.  Last Thursday CAAF granted a petition for a non Fosler case. No. 12-0053/AR. U.S. v. Richard L. EASTON. CCA 20080640. Review granted on the following issue: WHETHER THE ARMY COURT ERRED IN HOLDING THE APPELLANT’S TRIAL DID NOT VIOLATE HIS CONSTITUTIONAL RIGHT AGAINST DOUBLE JEOPARDY BECAUSE…

SCOTUSBlog has put up the courts argument schedule for February and March 2012.  There are a couple of cases that may have military practice interest. Wed., Feb. 22: 11-210 — U.S. v. Alvarez – constitutionality of Stolen Valor Act’s criminalization of false claims of receiving a military medal or decoration…

ACC:  Sir, I was at the gym, so I wasn’t where this happened. TC:  Objection your honor, we’ve received no notice under Mil. R. Evid. 701. MJ:  Sustained. DC:  Judge we are only offering alibi through the accused. MJ:  The objection is sustained, move on counsel. An accused has a…

Hometown Annapolis reports:  Evidence against a midshipman charged with raping a classmate was strong enough to warrant a court-martial, Naval Academy officials said Tuesday. Military.com reports on a rather lugubrious incident at Fort Lee.  The Air Force is investigating a photo that appeared online depicting Airmen posing with an open…

computer to blog, or for other purposes? There is an interesting case going on in the Ninth, United States v. Nosal.  The case was recently reconsidered en banc. Howard Bashman at How Appealing quotes an article: Ginny LaRoe of The Recorder has a report (subscription required) that begins, "Toss together…

The ever excellent Federal Evidence Review has this nice summary and analysis of White v. Illinois. While here they report: Vacating cocaine distribution conviction and remanding because defendant’s trial included expert testimony by a witness about the contents of the drug identification analysis reported by a non-testifying expert, violating the…