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Court-Martial Trial Practice Blog

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Humor in uniform

A little off topic, but heck, it’s funny. Two Philadelphia police officers have been charged with criminal conspiracy, robbery, kidnapping, unlawful restraint, false imprisonment, theft, and other related charges, according to officials. Sean Alivera, 31, and Christopher Luciano, 23, allegedly robbed a supposed drug dealer of 20 pounds of marijuana…

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First CAAF opinion for the term

United States v. Savard. We granted review to determine whether the military judge erred by failing to hold defense-requested pretrial hearings before ruling on Appellant’s written motions. We hold that, when one of the parties so requests, Rule for Courts-Martial (R.C.M.) 905(h) requires that the military judge hold a hearing…

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More delays in Wuterich?

Misc. No. 11-8009/MC. Frank D. WUTERICH, Appellant v. David L. Jones, Lieutenant Colonel, United States Marine Corps, in his capacity as Military Judge, and United States, Appellees. CCA 200800183. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of…

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New Army Lawyer

The September Army Lawyer is online. There are five articles of interest to MJ practitioners. Army Review Boards and Military Personnel Law Practice and Procedure, this is by Jan Serene, he is a master of these issues so civilian practitioners can gain some good insight here. Non-Deployable: The Court-Martial System…

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False confessions in the spotlight

Thanks to Sentencing Law & Policy: PBS Frontline has been giving lots of attention to criminal justice systems this fall. . . .  This week Frontline will broadcast a new documentary "The Confessions," which examines the case of the "Norfolk Four" involving a quartet of Navy men who were wrongfully…

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Ramrod Five/Stryker Brigade sitrep

Lexington Herald-Leader reports: Staff Sgt. Calvin Gibbs’ big talk about killing Afghan civilians and getting away with it made him stand out when he joined a new platoon at an Army base in southern Afghanistan a year ago, according to written statements from his comrades. Some of his Stryker platoon…

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A quick reminder for “documents” cases

My good friend Bill Cassara and I have done a lot of BAH/TCS fraud cases at court-martial under the UCMJ over the years.  Typically the case involves a lot of documents from DFAS. The prosecution then calls a witness from DFAS to lay a foundation for the documents and then…

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