Here is an interesting piece by Prof. Colin Miller about the judge who asks questions of witnesses. Prof. Colin Miller, I Won't Be The Judge Of That: Texas Appeal Reveals That The Lone Star State Doesn't Allow For Judicial Interrogation, 9 April 2009. I think that most people would agree…
Clients and military defense counsel know I have Rules of Engagement (ROE), yes I call them that, for the client to follow, and which I often have for the Members to follow in contested cases. I have ROE for the Court too. 1. Be nice (not condescending) to the court-reporter. …
I’m sure you, like me, have used or tried to use PTSD at trial, either on the merits or at least in sentencing. Along with TBI, PTSD seems to have a significant impact, especially when it results from combat. There has been a lot published over the last few years…
There are several new published and unpublished opinions on AFCCA’s website today; including a Lawrence v. Texas issue raised, the continuing effort of the prosecution in punishing an accused for exercising his constitutional rights to a trial, an issue of vindictive prosecution. United States v. Harvey, __ M.J. ___ (A.…
Here is a link to an event at Washington College of Law, sponsored by NIMJ. Public Trials? Lifting the Veil on Military Courts-Martial. Date: 04/14/09 Times: 11:00AM – 01:00PM
Here, courtesy of SCOTUSBlog are several pending petitions of interest. Docket: 08-833 Title: Oliver v. Quarterman Issue: Does juror consultation of the Bible during sentencing deliberations deprive a defendant of Sixth Amendment rights and what standard of proof should apply in evaluating the possible prejudice to the defendant? Opinion below…
Slightly off message, but in light of the attention given to collateral consequences of a court-martial conviction and my earlier comment about impact on clearances, perhaps there is no impact. Del Quinten Wilber, Security-Clearance Checks Eyed, Washington Post, 9 April 2009.
The CAAF daily journal for today is not updated, but knowing where he sits, we take CAAFLog’s observation that the AF TJAG has certified the following issues as accurate. I. Whether the Air Force Court of Criminal Appeals erred in denying the United States’ request that the court order an…
No. 08-0707/AF. U.S. v. Calvin J. WHEELER Jr. CCA 36796. On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is noted that the Court of Criminal Appeals has not had the opportunity to complete its review…
Not the lawyers — the jurors. I've posted several articles, and the web is rife with articles, posts, and case decisions about how jurors are using technology in the jury room: twittering, contacting the media, and now this interesting piece by Prof Colin Miller. An Analog Rule in a Digital…