Close

Court-Martial Trial Practice Blog

Updated:

New ACCA unpublished opinion

United States v. Stanley. The appellant raised eight errors through counsel and an additional six in accordance with United States v. Grostefon. One assignment of error warrants discussion, but no relief.   Specifically, appellant alleges that the military judge erred by failing to properly instruct the panel regarding appellant’s right during…

Updated:

LTC Lakin Writ sitrep

The Army Court of Criminal Appeals rules are here.  As previously indicated there is no “deadline” for the filing of a writ petition in this situation, but once a petition is filed several deadlines and requirements kick in.  Like DMLHS I have a request in for a copy of the…

Updated:

Authenticity

Here’s a reminder about authenticating emails based on a posting from Prof. Colin Miller at EvidenceProfBlog.  To paraphrase Prof. Miller: And, like its federal counterpart, [Mil. R. Evid.] 901(b)(4) provides that By way of illustration only, and not by way of limitation, the following are examples of authentication or identification…

Updated:

An early war crime trial?

Guenal Mettraux, A Little Known Case from the American Civil War:  The War Crimes Trial of Major General John H. Gee, 8 J. Int. Crim. Justice, 1059. Major John Henry Gee was the commandant of the Confederate prison at Salisbury, North Carolina from 1864 until 1865. During his tenure, thousands…

Updated:

Peacekeeping and sex offenses

Melanie O’Brien’s thesis for her PhD at Nottingham Univ. is online. National & International Criminal Jurisdiction Over United Nations Peacekeeping Personnel for Gender-Based Crimes Against Women. This thesis seeks to determine the most effective jurisdiction for criminal accountability for UN peacekeeping personnel who engage in sexual exploitation and abuse of…

Contact Us
Start Chat