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Court-Martial Trial Practice Blog

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New Army Lawyer

The February Army Lawyer is on-line.  There are four articles of interest to military practitioner's. 2008 New Developments in Self-Incrimination New Developments in Sixth Amendment Confrontation and Jurisdiction Building a Better Mousetrap or Just a More Convoluted One?:A Look at Three Major Developments in Substantive Criminal Law “Planning is Everything”…

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More work for lawyers – repeat.

Just when you were starting to worry that there wouldn't be work — along comes DoD with a new policy about officer and senior enlisted civilian misconduct. The policy requires that officers and senior enlisted inform their command about civilian convictions. The policy directs that the Services issue (punitive) regulations…

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Invading the province of the jury.

Prof. Colin Miller has published an article about Fed. (Mil.) R. Evid. 606.  Prof. Miller argues that, "Rule 606(b) to preclude allegations of juror bias violate criminal defendants' right to present a defense." Dismissed with Prejudice: Why Application of the Anti-Jury Impeachment Rule to Allegations of Racial, Religious, or Other…

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Collateral consequences – immigration issues.

The Supreme Court will soon hear oral argument in United States v. Denedo.  There has been plenty of discussion on this case.  See CAAFLog.  The underlying issue for trial defense counsel relates to claims of IAC in regard to immigration status advice upon conviction.  The issue at the Supreme Court…

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