Court-Martial Trial Practice Blog

One of my favorite newspapers, The Onion, has this comment on Stop-loss from the person in the street.

Here is a post from Legal Blogwatch: Here is a scenario that sounds like a law school exam question. It was after midnight when the client began to leave a series of six messages on the lawyer's answering machine. In the first, the client said that he knew the home…

I'll use the posting of JURIST to indicate that: The US House Judiciary Committee [official website] on Wednesday approved a bill HR 951 that would limit the government's ability to compel reporters to disclose confidential sources. Under the terms of the Free Flow of Information Act of 2009, parties seeking…

According to the MJ ruling in a case I just completed in Korea, the Intoxilyzer SD2 is reliable if administered in accordance with its instruction manual and the applicable AR.  However, at Camp Casey, Korea, they are not admissible.  That is because the MP's do not conduct proper calibrations in…

tip:   to Crime & Consequences, who gives a Hat tip to Howard Bashman at How Appealing for his post reporting on an audio segment on NPR's "Day to Day" discussing the reliability of eyewitness identification in criminal trials.  The segment, from Slate.com writer Dahlia Lithwick, dicusses research from Gary Wells…

Yeager v. United States will be argued Monday at the Supreme Court. Under the doctrine of collateral estoppel, a prior court’s decision on an issue necessary to its judgment can preclude relitigation of that same issue in a future case.  The Supreme Court held in Ashe v. Swenson (1970) that…

There's an interesting case going on in (southern California of course) where the defense is seeking to offer. Defense attorneys are for the first time submitting a controversial neurological lie-detection test as evidence in U.S. court.digg_url ="http://blog.wired.com/wiredscience/2009/03/noliemri.html"; In an upcoming juvenile-sex-abuse case in San Diego, the defense is hoping to…

United States v. Pitcher, 05-3182r, 2009 U.S. App. LEXIS 5103 (2d Cir. March 11, 2009).  In this case appellant claimed IAC.  He claimed on direct appeal that he wouldn't have plead not guilty, but for the overly rosy picture of his chances of success painted by his trial defense counsel. …

Entitled as a "shameless plug" Mike Navarre is moderating a 1.5 hr CLE tomorrow.  Here, shamelessly, is the whole item lifted. Last chance to register for the on-line ABA-CLE tomorrow on Criminal Accountability for Civilians in the Battle Space. The program will cover the application of amended Art. 2(a)(10), UCMJ…

To qoute CAAFLog: Here's a link to NMCCA's unpublished opinion in Chessani, which it released today. Bottom line up front: the Government's appeal is denied.