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…
Court-Martial Trial Practice Blog
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.
It’s politics
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.
Evidence issues for 2012
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…
Change in Article 32 discovery
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…