Yes you do. But it “expired” six months ago, have a nice day, oh and here’s your court-martial charge sheet. Military.com reports: Soldiers who take their prescription medications six months after dispensation and pop positive on a urinalysis test could see their careers go down the toilet. Changes made to…
Court-Martial Trial Practice Blog
CAAF opinions
CAAF has issued opinions in: United States v. Schubert. Judge Baker writes for the majority, joined by Ryan and Stucky. Judge Erdmann wrote a dissent in part and a concurrence in the result and he was joined by the chief judge. This was a government appeal of a speedy trial…
MAJ Hasan update
Reuters is reporting that MAJ Hasan’s case has been referred to a death penalty eligible court-martial
Liberal grant mandate
So I’m reading a ROT for a case tried after 2005. During the challenge for cause part of the trial the trial counsel seeks to challenge member(s) under the liberal grant policy. An early explanation of the liberal grant comes from United States v. White, 36 M.J. 284, 287 (C.M.A.…
Crack down on . . .
I get asked a lot about upgrades to discharges and whether it’s possible to enlist, or whether it’s possible to be retained — Army Times reports: The Army is cracking down on soldiers who are drug users, problem drinkers and troublemakers. I used to tell people that when there was…
Flagged
Air Force Times reports: Chief of Staff Gen. Norton Schwartz has asked the Defense Department to reconsider the decision to downgrade three one-star legal billets, saying each position merits “having a general officer in the seat.”
Up periscope
Marine Corps Times reports: The military says three Southern California Marine corporals are facing charges of defrauding the government for entering into sham marriages for financial gain. Navy Times reports: A Coast Guard lieutenant has been disciplined and permanently relieved of authority over a Petersburg, Alaska-based cutter after an investigation…
End runs and talismanic incantations
No, we are not discussing Macbeth. The great Professor Friedman, on his confrontation rights blog has some thoughts and commentary and confrontation issues, some of which involve the recently granted Williams v. Illinois. In his recent comment he reminds us of two errors prosecutors like to commit: making an end…
Leading questions
Federalevidence review has an excellent piece on leading questions during the prosecution direct. As part of the comment they say: The Seventh Circuit recently explored the limitation on leading questions through FRE 611(c), admonishing the government about a trend that was disturbing, even if at most it would be only…
Response to alcohol related charges
Client leaves work at 1600. Goes to get a haircut and have a beer. Client leaves checkout counter at NEX (shown on video walking around store and register receipt) at 1658. Client drives home through heavy traffic, stopping off to buy some seafood for dinner. 1800 another car runs into…