Does the defense in a court-martial under the Uniform Code of Military Justice (UCMJ) have to give discovery about your defense to the prosecution? Yes, sometimes. There are several rules set out in the Manual for Courts-Martial that your military lawyer or civilian defense counsel knows about. The rules are…
Last year the Committee on Rules of Practice and Procedure Judicial Conference of the United States requested public comment on proposed changes to several rules of evidence. On page 299 of the request, you will find the proposed evidence rules. We are most interested in Rule 702, which deals with…
February 14, 2022, U.S. v. E-3, United States Air Force, Sheppard Air Force Base, Texas. Airman is accused of sexually assaulting two different Air Force enlisted women and is placed into pretrial confinement. After being retained to defend the Airman, Mr. Freeburg is able to show through numerous witness interviews…
Orin Kerr, The Fourth Amendment and Geofence Warrants: A Critical Look at United States v. Chatrie. Lawfare, March 12, 2022. Cave, Christensen, Fidell, Fissell, and Maurer, The Division of Authority Between the Special Trial Counsel and Commanders Under the Uniform Code of Military Justice: Planning Now for the Next Phase…
In United States v. Ferreira. ARMY MISC 20220034 (A. Ct. Crim. App. Jan. 28, 2022) The government has filed for and received a stay of proceedings in this case based on the military judge’s decision in United States v. Dial,” that he will instruct the jury that they must have…
Over the last several years, I have noticed quite a few cases on appeal challenging improper arguments made by the prosecutor. Here is a short burst on a recent approach I have taken. Standard of review Prosecutorial error in making an improper argument is a legal question reviewed de…
MJBB–Mental Responsibility
Civilian counsel don’t always get paid by the client. Rather, it oftentimes can be the parents or a family member. Technology and other innovations have brought us crowdfunding and organizations set up to help defray legal fees for a court-martial accused. I recently participated in a Zoom discussion about this…
With the Trump pardons, the question came up, again, whether accepting a Presidential pardon is an acknowledgment of guilt. For many, Burdick v. United States, 236 U.S. 79 (1925), answered the question in the affirmative. In Burdick, the appellant was offered but declined a pardon. He then refused to testify…
For your reading. R. Michael Cassidy, Character, Credibility and Rape Shield Rules. RESEARCH PAPER 542, Boston College Law School, October 8, 2020. Cassidy’s introduction notes the attention sexual assaults have received over recent years in reference to Harvey Weinstein, Justice Kavanaugh, and even then VP Biden. He goes on to…