Greg Bruno, Backgrounder: Closing Guantanamo, Council on Foreign Relations, 12 February 2009. You will notice a reference to trial by court-martial under the UCMJ. Some, including legal experts with the Congressional Research Service, suggest the current UCMJ structure might run counter to constitutional protections such as the right to a…
Peter Tillers, Prior False Accusation Evidence and the Confrontation Clause, 12 February 2009, draws attention to an excellent law review piece potentially relevant to a frequent number of military sexual assault cases. Jules Epstein, True Lies: The Constitutional and Evidentiary Bases for Admitting Prior False Accusation Evidence in Sexual Assault…
United States v. Goode, No. 07-2269, 2009 U. S. App. LEXIS 2471, unpublished op. (3d Cir. 9 February 2009). The interesting point for this case is that the court found that telling a person to stop, ordering them to lie on the ground, and placing them in handcuffs is merely…
Professor Miller has an interesting post today, Lie To Me?: Supreme Court Of Maine Opinion Reveals That Jury Deliberations Can Be Used To Prove Juror Deceit During Voir Dire,11 February 2009. The recent opinion of the United States District Court for the District of Maine in Watts v. Maine, 2009…
United States v. Gross (Military Judge), Army Misc. 20081049 unpublished op. (A. Ct. Crim. App. 9 January 2009). [When you get to the court site, go to the "summary dispositions – by date" page.] This case is a government petitione for an extraordinary writ (not listed in the Denedo pleadings…
The Army Court of Criminal Appeals has now started loading cases to populate the "Summary Disposition" page. Get there through A.C.C.A. The court has also posted several new cases — more later.
Vol. 7: Long-Term Consequences of Traumatic Brain Injury, 2008, published by the Committee on Gulf War Health: Brain Injury in Veterans and Long-Term Health Outcomes. It can be obtained free — but only in a .pdf download (unless you want to pay $70.20 for a paper copy).
David Mills hosts a fabulous blog — Courtoons. Join him at his site daily. Here is the entry for 10 February 2009, a situation well known to appellate defense counsel. var addthis_pub="mljucmj";
Evan Knappenberger, Acknowledge soldier's right to object, Seattle PI.com, 9 February 2009. Mr. Knappenberger is described as, "an Iraq War veteran and a Davis-Putter Scholar at Whatcom Community College in Bellingham." He argues that war objectors should be treated the same as conscientious objectors.
Yesterday (090209) A.F.C.C.A. updated its online opinions. There are three worth reading for the trial practitioner. United States v. Curran, ACM 37185 (A.F. Ct. Crim. App. 22 January 2009). This is an interesting issue where the prosecution was allowed to introduce evidence on sentencing about the time and effort involved…