I have previously posted about “context testimony” usually from law enforcement officers to set the stage for why an investigation began. While not exactly addressing this issue, NMCCA has come close and has a useful discussion of how similar context evidence is not admissible. In United States v. Combest (an…
The prosecution, often routinely, denies or fails to answer requests for derogatory information in the personnel records of law enforcement personnel involved in a case. Some cite United States v. Henthorn (note the NMCCA, in at least one court order, has noted that no military appellate court has ruled that…
So, you have a prosecution witness who testifies to something on the witness stand which you know is wrong and for which you have contradictory evidence. Let’s also assume for the moment that the wrong testimony is about something relevant to the case and you are not in a situation…
Navy Times reports: The former executive officer of the Mayport, Fla.-based cruiser Gettysburg received non-judicial punishment for sexual misconduct and a likely forced retirement at an admiral’s mast hearing in Norfolk Monday morning, the Navy announced. Marine Corps Times reports on Mids spicing up life. On June 13, four Naval…
Nope, not yet, but maybe. Under Mil. R. Evid. 1102, a federal rule of evidence becomes effective in courts-martial 18 months after the federal rule goes into effect, unless the President decides otherwise. So, Federalevidence.com blog reports the status of a change to Fed. R. Evid. 803(10), which is intended…
Thanks to obamaconsipiracy.org here are some links and information about a new military-birther case? Air Force Staff Sergeant Refusing Orders Until Obama’s Eligibility Dealt With Did LTC Lakin and his case have an effect on other members of the military? Maybe so. Basically, I’d rather follow Mr. Lakin, the ex-Army…
I’m a proponent of restitution in cases where it may lead to a reduction in confinement or suspension of a punitive discharge. I’m a proponent in cases even where there has been no ‘unjust enrichment.’ The CGCCA in United States v. Scott addresses restitution in the context of when restitution…
NMCCA has issued an opinion in United States v. Saracoglu. NMCCA specified the issue. The related to the MJ’s denial of a UCI motion based on: Captain (Capt) Hillary, Headquarters and Service (H&S) Company Commander for Weapons Field Training Battalion, held a Friday morning formation. The formation included two platoons…
Here is an interesting CAAF grant on an Article 120 issue. The most interesting issue is Issue III. Wednesday, August 10, 2011 ORDERS GRANTING PETITION FOR REVIEW No. 11-0440/MC. U.S. v. Nicholas S. STEWART. CCA 201000021. Review granted on the following issues: I. UNDER UNITED STATES v. PRATHER, IS IT…
CAAF has decided United States v. Fosler, and potentially the “trailer park,” alluded to by CAAFLog. The actual application to the other cases may not be so simple. In a contested case in which Appellant challenged the charge and specification at trial, the inclusion of “Article 134” in the charge…