Is how one of my favorite evidence blog prof’s describes a First Circuit case. I have previously commented on the issue in relation to MJ McDonald’s Army Lawyer article. Federal Rule of Evidence 605 provides that The judge presiding at the trial may not testify in that trial as a…
More stories are coming out about what the accused’s are alleged to have done in regard to trophies. Here is a military.com piece: The father of a U.S. Soldier serving in Afghanistan says he tried nearly a half dozen times to pass an urgent message from his son to the…
For various reasons the issue of homosexuality and DADT has been in the news for a while. The results of the various surveys to servicemembers and familys are still pending. Tomorrow, NMCCA will hear oral argument in United States v. Hayes: I. WHETHER THE MILITARY JUDGE’S COMMENTS ON THE RECORD…
The Guardian (UK) has this report: Twelve American soldiers face trial over an secret "kill team" that allegedly blew up and shot Afghan civilians at random and collected their fingers as trophies. Five of the soldiers are charged with murdering three Afghan men who were allegedly killed for sport in…
San Diego Online has this short piece on the Coast Guard boating case and the ongoing Article 32, UCMJ, hearing which began today. Lawyers for the driver of a Coast Guard boat that killed an 8-year-old San Diego boy in December said the Coast Guard is prosecuting Petty Officer 3rd…
Here are some interesting tidbits from the CAAF orientation session for new attorneys courtesy of NIMJ.blog. As for the rules changes, a big (and quite welcome, in my opinion) change is the new system in which nearly all CAAF pleadings are eligible for electronic filing. Be sure to redact privacy/sensitive…
Here is an interesting technology case from the Third Circuit as reported by the Wall Street Journal blog. Technology has made it increasingly easy for the government to track an individual’s whereabouts. But on Tuesday, a three-judge panel of the Third Circuit ratcheted back the government’s surveillance power, finding that…
North Country Times and Marine Corps Times report: [T]he trial for Staff Sgt. Frank Wuterich was delayed until Nov. 1 because a key prosecution witness, a Naval Criminal Investigative Service agent, had a bad accident and is recovering from surgery. Air Force Times reports: The Minnesota National Guard says one…
And now for the political question doctrine. See fn. 2., I believe at one point Mr. Jensen was complaining that the military judge wasn’t going to apply any “civilian” cases. See fn. 3., for the judge’s rather sparse treatment of the de facto officer doctrine.
And now for some history. Those with some basic familiarity with military law and who have been following the blogs of those with military law experience will recognize the cases cited.