A couple of new opinions from NMCCA address issues related to CP prosecutions. United States v. Jones, III, has this issue: WHETHER THE MILITARY JUDGE ERRED BY DENYING APPELLANT THE OPPORTUNITY TO REVIEW THE EVIDENCE BEFORE HE PLED GUILTY AND WHETHER, IN LIGHT OF THAT DENIAL, APPELLANT’S PLEA WAS PROVIDENT.…
Here’s a case discussing access to mental health records of a primary prosecution witness. This was a due process and confrontation case. Here, as is not an infrequent issue, the prosecution succeeded in having damaging information about their witness excluded. The prosecution then went on to give an “incomplete and…
A new Air Force Law Review is online, as well as a new The Reporter. MILITARY CRIMINAL INVESTIGATIONS AND THE STORED COMMUNICATIONS ACT, by Lieutenant Colonel Thomas Dukes, Jr., USAFR & Lieutenant Colonel Albert C. Rees, Jr., USAFR. AN OPEN LETTER TO DEFENSE COUNSEL: Protecting Yourself Against IAC Claims, by…
Jansen. A sentence comparison case among co-accused’s. The case is of note to trial practitioners and SJA’s for it’s “discussion” of what is or isn’t a “closely related” case, and whether sentence disparity should be addressed with the CA post-trial. Principi. A CP case where the prosecution charged for contingencies…
Here is the footnote that should be of concern to all defense counsel, from United States v. Regaladozambrano, just decided. While the Court has declined to brand Capt [O’s] post-trial legal representation of the appellant as deficient, that restraint is exercised only due to the lack of any evidence of…
Five of the new cases are post-trial delay issues. More on the others later.
The October 2009 FBI Law Enforcement Bulletin is online. This issue has a very nice list, summary, and LE interpretation of each criminal law related Supreme Court decision from last term.
A Reserve Marine master sergeant at Camp Pendleton was sentenced to a reduction in rank and 60 days confinement after a court martial found him guilty of removing classified documents from files and possessing an unauthorized machine gun. The members acquitted Master Sgt. Reinaldo Pagan of other specifications involving the…
Here, if you are not yet bored by the whole subject is the “Attorney’s Notice of Appeal of Sanctions and Related Orders,” for her $20K ding. She includes as argument [C]ounsel appeals all aspects of this Court’s Order in Document #28, wherein the Court proved its pervasively extreme and outrageous…
Stars & Stripes reports that: After avoiding any punishment for more than two years, Chief Petty Officer Michael Toussaint, who led the division from 2004 to 2006, was recently removed from his leadership post within Naval Special Warfare Group 2 and will be forced into retirement in January. In addition,…