The following is the breakdown of sexual assaults involving midshipmen reported at the Naval Academy from 2001 to 2006, according to an analysis of documents: 49 cases of mids accused of sexual assault. 11 cases were dropped when alleged victims declined to participate in an investigation, leaving 38 cases to…
Court-Martial Trial Practice Blog
Court-Martial of the Apache Kid
His true name remains unknown; he was called Kid by the military personnel at San Carlos Reservation in the southern Arizona Territory where he served with the US Army as an Indian scout intermittently from 1882-87. He became known as Apache Kid only after he was court-martialed on charges of…
The autistic Marine
Autistic Marine booted from the Corps By Gidget Fuentes – Staff writer, Marine Times. Posted : Monday Aug 3, 2009 21:23:33 EDT
Expungement
Civilian attorneys get quite a few questions about expunging court-martial convictions. The answer is no, it can’t be done in the same way that many states allow for an expungement. The closest way to have it removed from your record is to have a court-martial reversed for factual sufficiency at…
Fingerprint evidence and testimony
Tenth Circuit Joins Consensus On Admissibility Of Fingerprint Evidence In conspiracy to possess marijuana and illegal firearm possession prosecution, expert fingerprint testimony identifying the defendant’s thumb print on guns and ammunition was admissible under FRE 702 and Daubert even though the defendant raised “questions regarding whether fingerprint analysis can be…
Sailor in Pendleton Brig commits suicide
Sailor Charged With Murder Kills Self August 01, 2009 Military.com A Navy man accused of killing another Sailor at Camp Pendleton in Southern California took his own life Friday in his cell, officials said. Jonathan Campos, 32, was on suicide watch in the brig, the Los Angeles Times reported. He…
Not political fall-out
Here’s an interesting side on the recent exploits of South Carolina’s itinerant governor. Air Force Reserve opts not to discipline Mark Sanford over marital affair By Tim Smith • Staff writer • July 29, 2009 COLUMBIA — The U.S. Air Force Reserve considered disciplinary measures against Gov. Mark Sanford over…
New CAAF case
CAAF has issued an opinion in United States v. Smead, __ M.J. ___ (C.A.A.F. 2009). Chief Judge Effron wrote the opinion for Judges Baker and Stuckey, and Judges Ryan and Erdmann concurred in the judgment.
Arizona v. Gant comment.
Here is an interesting post by Prof. Colin Miller on his EvidenceProfBlog about search incident to seizure. Arizona v. Gant: A Windfall For The Government?
I want my stuff back!
How many clients ask about property taken by law enforcement and not promptly returned, or had their personal property lost or stolen while they are in pretrial confinement? There are several methods I’ve used to jog the system, sometimes successfully. a. Property seized in a search with no evidentiary…