Crowder’s next orders took him to Fort Yates, North Dakota, where the United States Army attempted to suppress the religious Ghost Dance movement. While stationed at Fort Yates, Crowder proved successful in his legal defense in three court-martial proceedings. His actions were noted by Army superiors and after being promoted…
https://www.court-martial.com/dubay-evidentiary-hearings-on-appeal.html
Whether or not a sentence is appropriate for the crime convicted of and the character of the person convicted is a frequent issue on appeal. Less frequently there is an issue of sentence disparity between co-actors or co-accuseds. The recent ACCA decision in United States v. Martinez (Sept. 2017), lays…
Under Article 62, UCMJ, the prosecution can appeal a military judge’s trial ruling under six circumstances. The two most common are: (A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification. For example, a military judge dismisses a specification because…
The annual cost of detaining federal prisoners before trial and after sentencing is significantly higher than the cost of supervision in the community, according to figures compiled by the Administrative Office of the U.S. Courts. The annual cost of detaining federal prisoners before trial and after sentencing is significantly higher…
In British football, a player can commit a foul which is technical and the other team gets a free kick, and everyone keeps playing. More serious fouls can result in a yellow card (two in a game and you are off the field) or a red card which means immediate…
The military already has rules and regulations about membership in certain hate groups. The tragic events at Charlottesville are likely to garner more attention to the issue of military personnel and hate groups. From Task & Purpose. James Alex Fields Jr., the 20-year-old Army basic training wash-out accused of running…
As you know, Military Rule of Evidence 1102 provides that, Amendments to the Federal Rules of Evidence – other than Articles III and V – will amend parallel provisions of the Military Rules of Evidence by operation of law 18 months after the effective date of such amendments, unless action to the contrary is taken…
There is increasing attention to the possibility that DNA “evidence” at the scene of an alleged crime is just too good and may implicate the innocent. Touch-trace DNA is the issue. Here is an interesting discussion that may help form an argument to exclude DNA evidence or address it with…
A major piece in the New York Times magazine by Emily Bazelon dissects the conviction of Noura Jackson for the murder of her mother. The accused’s DNA was excluded as a match for any of the three DNA profiles found at the scene and there was no physical evidence linking the accused…