Court-Martial Trial Practice Blog

Reuters is reporting that MAJ Hasan’s case has been referred to a death penalty eligible court-martial

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.…

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…

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.”

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…

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…

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…

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…

The News-Tribune reports:  The attorney for a local soldier and alleged member of a so-called Afghan kill team used a hearing Monday and Tuesday to stage an all-out assault on the government’s key witness in the case.  This would be a reference to Pvt Morlock. And Stars & Stripes reports: …

Here’s a new twist; Navy Times reports: A senior master-at-arms and expert dog handler once censured by Navy Secretary Ray Mabus for abusing subordinates has, in a remarkable twist of fate, been awarded the Silver Star for battlefield heroism during a harrowing 2009 firefight in Afghanistan during which he shot…