For those following the animal cruelty case at Fort Bliss, and also noting CAAFLogs reference to a potential new “charge” in the UCMJ of animal cruelty, here is a public discussion by the Fort Bliss garrision commander about his decision to issue an Article 15, UCMJ, punishment. Fort Bliss Garrison…
Court-Martial Trial Practice Blog
CAAF grant on a Walters issue
CAAF has granted review in United States v. Trew of this issue (this is a link to Trew’s discussion on CAAFLog and the NMCCA opinion) (and here is my earlier post): WHETHER, IN LIGHT OF UNITED STATES v. WALTERS, 58 M.J. 391 (C.A.A.F. 2003) AND UNITED STATES v. SEIDER, 60…
Members Instructions on new “media.”
Jury instructions to include rules on use of new media Recent incidents of jurors using new media during cases in civilian courtrooms in the States have led a military judge to rework instructions given to panelists in military courts-martial. Army Col. Ted Dixon, a military judge who edits the military…
More on groundwork.
Earlier I commented on prosecutors introducing inadmissible irrelevant evidence to set the stage or lay the groundwork for an investigation and prosecution (here). Here’s another case, again from the 1st Circuit. This case requires us to assess the propriety of the government’s use of a law enforcement officer as the…
Recording confessions.
Here’s Stan Walters on the issue: We need to start recording ALL interrogations, stop the abuse of the criminal justice system, and ALWAYS blame the cop first if the bad guy confesses, gets convicted or if Grandma gets tazed because she failed to follow a lawful order and resisted arrest. …
No surprise
Alcohol Abuse on Rise Among Soldiers June 20, 2009 Agence France-Presse Nearly twice as many US Army Soldiers today compared to six years ago are either alcoholic or engage in damaging behavior such as binge drinking, according to army statistics. Data shows more than 11 Soldiers per 1,000…
New CGCCA cases
United States v. Lindsey, the dishonorable failure to pay just debt case is now on line. While prosecution in this case seems reasonable, I’m always concerned when the military begins to act as a debt collection agency. United States v. Daniel, is an unpublished opinion about admission without objection of…
New CAAF opinions.
United States v. Marshall, __ M.J. ___ (C.A.A.F. 2009). This is a fatal variance case. Appellant pled not guilty to escaping from the custody of Captain (CPT) Kreitman but was convicted, by exceptions and substitutions, of escaping from the custody of Staff Sergeant (SSG) Fleming. We granted review to consider…
Captain Coke.
Coast Guard O-6 convicted of cocaine use.
Recorded interrogations
The Naval Criminal Investigative Service is concluding a pilot program of recorded suspect interviews. From experience viewing this video-recorded interviews all of the military services should adopt the practice. Thomas P. Sullivan has put together a wonderful publication which documents the history and current status of recorded suspect interviews not…