WRBLNews3 reports: The jury selection for the murder trial began Tuesday on post at Fort Stewart just outside Savannah. Sergeant Joseph Bozicevich is charged with the 2008 murder of two fellow soldiers near Baghdad. He pleaded not guilty. Opening statements are expected in mid- April. We sat down with a…
Court-Martial Trial Practice Blog
Some CCA opinions of note
United States v. Davis gives a quick reminder of Pierce credit issues. AFCCA upholds the conviction of a male airman for indecent exposure in the male showers. See United States v. Walker. AFCCA has decided an interesting case of de facto immunity. See United States v. Long. Apparently the accused…
Magyari followed
In Ware v. State, the Alabama Supreme Court had this to say: In answering this question in the negative, this Court finds persuasive the rational and holding in United States v. Magyari, 63 M.J. 123 (C.A.A.F. 2006). The decision in Magyari is not binding on this Court and has no…
Error into training moments
How do you do this? Navy Times reports: In an unusual high-level post-mortem, the head of Fleet Forces Command has sent a message to every fleet officer reminding them of the responsibilities of command following the exoneration of an officer on charges of dereliction of duty in the accidental death…
Collateral consequences
Professor Berman has found a somewhat pessimistic view of Padilla v. Kentucky.
Even the civilian courts
have to get into the question of when is a military person discharged. United States v. Butler.
Excited utterance
Federal Evidence Review has this interesting case about application of the excited utterance exception in a child abuse case. While the court found error, it was ultimately decided to be harmless. But the case is worth looking at as a primer on how to attack admission as an excited utterance.…
Up periscope
Stars & Stripes reports: The Army has relieved Col. James H. Johnson III of command of the 173rd Airborne Brigade for serious allegations “that were substantiated” following an extensive review, said the deputy commander of V Corps. Stars & Stripes reports: Air Force officials on Thursday formally charged a Kadena…
December Army Lawyer
Of interest: Holding the Line: Understanding the Role of Independent Legal Counsel in Command Decision-Making Sharpening the Quill and Sword: Maximizing Experience in Military Justice
Off topic?
From Prof. Berman at Sentencing Law & Policy. Should prosecutors be offered bonuses for conducting trials and getting convictions? SJA to DC: My TC’s don’t have enough court time and experience, so that’s why my recommended deal is so high, if you don’t like it try the case so my…