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Court-Martial Trial Practice Blog

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Stars & Stripes reports. A U.S. soldier will spend more than two years in prison after a military judge found him guilty in a court-martial Tuesday of throwing a crowbar that struck a German motorcyclist in the head. Stars & Stripes reports. The sentence for an Air Force staff sergeant…

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AFCCA on unconditional waiver of motions

United States v. Brown is a good reminder of waiver of motions in pretrial agreements. The typical waiver is that the accused will “waive all waivable motions.”  This seems something of an oxymoron.  The provision is consistent with the idea that all nonjurisdictional motions are waived on a guilty plea…

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Up periscope 91

Army Times reports. The defense does not plan to present any evidence when a military hearing resumes next week for the Army psychiatrist charged in last year’s deadly Fort Hood shootings, the lead defense attorney said Tuesday. John Galligan said the government had offered “no surprises” in presenting its case…

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Post Padilla-Miller

Thanks to Sentencing Law & Policy here is a paper that raises some thoughts on IAC for pretrial advice to clients.  As we know we won’t get anything solid on that from CAAF a la immigration because Denedo’s case is over.  But, . . . . Post Padilla: Padilla’s Puzzles…

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Impeachment

Professor Colin Miller uses an Alabama case to remind us that a prior misdemeanor conviction is not admissible under Rule 609(a). Under this Rule, then, it is clear that a party cannot impeach a witness through evidence that the witness has a prior misdemeanor conviction for a crime not involving…

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