ACCA has released an opinion in United States v. Martinez. Here is the first issue: WHETHER A REASONABLE PERSON WOULD QUESTION THE TRIAL JUDGE’S IMPARTIALITY WHEN A SENIOR MILITARY JUDGE, WHO APPEARED TO HAVE ASSISTED THE GOVERNMENT DURING TRIAL, ENTERED THE TRIAL JUDGE’S CHAMBERS DURING RECESS AND DELIBERATIONS, IN VIOLATION…
Thanks to CrimProfBlog here is a link to an interesting post on Grits for Breakfast, with potential for relevance in a court-martial tried under the UCMJ, with examiners from USACIL and DCFL, etc. There was an astonishing moment yesterday at a breakout session on fingerprint examination at theTexas Forensic Science…
All service members are encouraged to vote. You can make donations. You can attend political functions, but not in uniform. Here the Marine Times points out that there are some considerations and limits on political activity. DoDD 1344.10. In short, you are barred from doing online what you can’t do…
Here’s an interesting piece in the Veterans Today. REPORT prepared for the State Bar of Texas Annual Meeting, Military Law Committee Correction of Military Records and Judicial Review, has proven to be a shocker, and, should OUTRAGE every veteran ! Why you ask, well hold the phone. I would suggest…
I posted the other day about the defense refusal to cooperate in a scheduled R.C.M. 706 board. Mr. Galligan’s website now points to this CNN piece. The title of his posting is, “Army Attempts Last Minute Changes to Sanity Board.” The CNN piece makes several observations. The defense objects to…
Thanks to Raymond Ward’s the (new) legal writer here is an article about brief (motions?) writing. Prof. Ken Chestek of the Indiana University School of Law recently conducted a study, trying to determine empirically whether a brief with an element of storytelling is more persuasive or less persuasive than a…
Evan Schaeffer has posted an interesting tip, reminder, on his Trial Practice Tips Weblog. There are two requirements for success in exposing the liar. First, you must be certain that you can establish that the witness has a "clear-cut motive to fabricate that the jury will understand"; Second, you must…
Tomorrow begins the Article 32, UCMJ, hearing, prefatory to a general court-martial. NPR leads with: Dozens of people will take the witness stand in a military courtroom over the next few weeks to describe the pain of bullets piercing their bodies and the sight of fellow soldiers lying in pools…
Interesting, someone appears to have received a response to a request for information to APF. Courtesy of obamaconspiracy.org: From: Margaret Hemenway Date: Wed, Oct 6, 2010 at 11:07 AM Subject: Re: Request from the Safeguard our Constitution Website To: (——) (——), LTC Lakin worked with the Foundation over this past…
SCOTUSBlog notes two new petitions with potential impact on a court-martial practice under the UCMJ. Title: NIBCO, Inc. v. Rivera Docket: 10-383 Issue(s): (1) Whether a court of appeals must conduct a comparative juror analysis when reviewing a claim under Batson v. Kentucky, even though the comparative analysis was neither…