Courtesy of cunninghamreport.com here are links to the Article 32, IO, report and recommendations. Ramos Charges Howell Charges Rasmussen Charges Couple of interesting points. Issues surrounding application and potential application of a privilege for safety investigations, a la Mil. R. Evid. 506. (a) General rule of privilege. Except where disclosure…
Court-Martial Trial Practice Blog
Up periscope
Inside Bay Area has a piece about corruption in the California National Guard. From 1986 until her retirement last year, Jaffe’s job with the California Army National Guard was to give away money — the federally subsidized student-loan repayments and cash bonuses — paid for by federal taxpayers nationwide —…
LTC Lakin sitrep
I use Google Chrome for a browser so this wasn’t apparent to me. But Dr. C. at obamaconspiracy.org points out the following: I have no way of knowing whether LtC Terry Lakin authorized the use of his image to sell tax advice, bridge loans, auto liability insurance, and whatever other…
New ACCA case
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…
Blazing moment
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…
Military and political activity
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…
Corrections boards
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…
MAJ Hasan sitrep
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…
legal writing
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…
Cross-examination
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…