Court-Martial Trial Practice Blog

Professor Berman has found a somewhat pessimistic view of Padilla v. Kentucky.

have to get into the question of when is a military person discharged. United States v. Butler.

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.…

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…

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

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…

The Nation is running some exclusive book excerpts: “Bradley Manning:  Truth and Consequences.” Part I,  Part II.

I posted a while back about this. Federal Government Compares Seminoles to Al Qaeda in Military Commissions Case. Now it appears from this in the Miami Herald that more questions have been raised. Pentagon prosecutors touched off a protest — and issued an apology this week — for likening the…

Here’s some more from the Havelock News on the former MCAS Cherry Point CO: Fast on the heels of a former Cherry Point air station commander’s guilty plea to drinking and driving charges on Monday, the government began hearing evidence Tuesday on whether he should face court martial. . .…

The Hastings Law Journal has this Essay: Finding the Error in Daubert, by Mark Haug and Emily Baird The Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. laid down the standard for admissibility of expert testimony. We believe the best standard is simpler than the one chosen by the…