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…
My colleague at futurelawyer.com posted this today. While we don’t get such arcane testimony in a court-martial, there are certainly times when an expert witness’s testimony, or for that matter any witness forgets to speak in plain understandable words. Just a reminder.
AFCCA has an order in United States v. Boore, a government appeal. The issue is severability of portions of Article 120. AFCCA holds that the military judge may sever the unconstitutional parts of Article 120, and instruct accordingly. Applying the severance doctrine to the case at hand, we have no…