Today we take up the defense’s assignment of error and address the application of Mil. R. Evid. 412 to the government. Does Mil. R. Evid. 412 apply to the government? Yes. Must the government follow the procedural requirements before introducing evidence that falls under Mil. R. Evid. 412? Again, yes. And,…
The Virginia legislature has passed SB1563. There are several provisions which should be adopted in military cases. D. Whenever the Commonwealth intends to introduce expert opinion testimony at trial, the attorney for the Commonwealth shall notify in writing the accused of the Commonwealth’s intent to present such testimony not later than…
MCIO ‘ware. It still doesn’t protect your phone, especially if you give consent–but what the heck, it’s something. NACDL Press Release: Nation’s Criminal Defense Bar Welcomes Passage by House of Representatives of the Email Privacy Act Washington, DC (Feb. 6, 2017) – Today, the House of Representatives passed the Email…
AF Reporter. THE FIFTH AMENDMENT IN THE DIGITAL WORLD 2 Technology has breathed new life into the interpretation of constitutional provisions. EXCEPTIONAL TRANSITIONAL COMPENSATION 34 Help for Family Member Victims When Discharge Happens Before the Offense is Adjudicated [; increasing the secondary gain incentive]. AF Law Review. SERVE HONORABLY, FOREIGN-BORN…
I note here the results in two cases involving sexual assault.
The New York Times reports: President Obama on Tuesday largely commuted the remaining prison sentence of Chelsea Manning, the army intelligence analyst convicted of an enormous 2010 leak that revealed American military and diplomatic activities across the world, disrupted the administration, and made WikiLeaks, the recipient of those disclosures, famous.…
A Facebook post about military sexual assault training: “There’s no need to try to understand why sexual assaults are up 550% in the Military. All women have no ability to think after one drink and are not responsible for their actions but a Male soldier is responsible for his actions…
The most potentially relevant is McWilliams v. Dunn, No. 16-5294, involves a question regarding the degree of independence needed for appointed mental health experts under Ake v. Oklahoma. Then there are: Weaver v. Massachusetts, No. 16-240: The defendant claims his lawyer was ineffective for failing to object to a closure of…
The Court of Appeals for the Armed Forces has decided United States v. Wilson, __ M.J. __, No. 16-0267/AR, for the appellant. The issue was: Whether the military judge erred in denying the defense motion for appropriate relief under Rule for Court-Martial 917 where the military judge improperly applied Article…
Courtesy of the Booneville Democrat we now know that Several bills . . . are among a number of bill filings this week at the State Capitol in preparation for the 91st General Assembly regular session. They include: House Bill 1059, by Rep. House, would criminalize the violation of a…