The CAAF daily journal for 15 June 2017 has this entry: No. 17-0003/AR. U.S. v. Christopher B. Hukill. CCA 20140939. On consideration of Appellee’s petition for reconsideration of this Court’s decision, United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017), it is ordered that said petition for reconsideration be, and…
Court-Martial Trial Practice Blog
Collateral consequences
Collateral Consequences of Criminal Conviction and Restoration of Rights: News, Commentary, and Tools I am a fan of this website as a resource to find ways to argue on behalf of a client, just as I am a fan of restorative justice. The CCRC is pleased to announce the launch…
And now for something completely different
Reposting. https://globalmjreform.blogspot.com/2017/06/and-now-for-something-completely.html
Is there racial disparity in disciplinary actions within the Armed Services
Black sailors more likely than white sailors to be referred to court-martial, report says Brock Vergakis, The Virginian-Pilot, 7 June 2017. The VP summarizes: Black sailors were 40 percent more likely than white sailors to be referred to a court-martial over a two-year period examined by an advocacy group that…
Outrageous prosecuting conduct leads to a reversal at NMCCA
LtCol CT called the possibility that defense counsel might be asking potential witnesses about evidence governed by MIL. R. EVID. 412 and 513 “gross and cruel.” All this caused Capt X (the defense counsel) to audibly sob at counsel table, and she was unable to continue. Unfortunately, it appears that…
U.S. ooops, Canadian, courts-martial
It is essential that this parallel military justice system be seen as fair, just, [Constitution] compliant, and operating effectively, both at home and abroad. I note in passing that the civilian justice system also provides for extraterritorial jurisdiction in several contexts. However, unlike the civilian justice system, the extra-territorial reach…
Supplement on investigations into law of war violations
https://globalmjreform.blogspot.com/2017/06/targeting-and-law-of-war.html Reposting a new publication for judge advocates supporting investigations into law of war violations. In particular, it relates to targeting decisions and the aftermath. There are specific points to assist in evaluating criminal responsibility under the UCMJ.
Comparing a British Army court-martial
Reposting. A British Army court-martial
DNA may not be all it can be
As an investigative tool, DNA has been a powerful weapon in identifying or confirming who committed a crime. But the value of DNA evidence is overshadowed by regular stories of corruption, incompetence, and flawed interpretation. It’s, for this reason, I never accept the DNA results as golden for the prosecution…
Where is the SVC
In United States v. Battles, No. 20140399 (A. Ct. Crim. App. 31 May 2017), the court asked: Where in the World is Captain Danenberger? That he is named in the court opinion will tell the lawyer that this is a bad story. “After conclusion of appellant’s trial, an embarrassing and…