Court-Martial Trial Practice Blog

Here is a link to a clemency letter forwarded by CDR Kerchner to MAJ Kemkes.  It has been published by him on obamareleaseyourrecords.com. He has also posted this on thepostemail, under the title “Obama Unfit for Command.”

ACCA has published United States v. Conrady.  This case continues the appellate look at how prosecutors may, if at all, use possession of child pornography as Mil. R. 414 evidence.  The issue of note from the opinion is: THE MILITARY JUDGE ABUSED HIS DISCRETION IN ADMITTING AN IMAGE OF CHILD…

Navy Times reports: A Navy petty officer who was investigated for violating the military’s ban on openly gay service members says a review board at his California base has voted against his discharge.

Opinio Juris reports on USACIL.  They begin: On paper, courts-martial are far more fair than military commissions — the substantive law they apply is superior, and their rules of evidence and procedure are designed to protect defendants, not ensure convictions. But then here is the kicker: The McClatchy article indicates…

A piece of such humor came over my electronic transom today. I am a Military Defense Paralegal in the United States Air Force stationed at xxx. I am currently doing some research for my leadership at the AF Trial Defense Western/Pacific Region. We are collecting data to articulate the value…

Army Times reports: Four members of the Army Criminal Investigation Command at Fort Bragg have been suspended for the duration of an FBI probe. Army CID spokesman Christopher Grey confirmed the suspensions Thursday. The four were attached to the division’s drug investigation unit. The Fay Observer notes: The investigation was…

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…

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…

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…

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…