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Court-Martial Trial Practice Blog

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Marijuana legalization

“Thinking about bringing marijuana on base? Weed rather you didn’t,” the Naval Submarine Base posted on Facebook on July 1, the day possession of marijuana became legal in Connecticut. “State law legalizing possession of marijuana doesn’t apply to military installations.” A few weeks later, the sub base posted a graphic with the message,…

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Can you impeach the jury and their verdict

What, if anything, can you as military defense counsel do if you suspect some shenanigans during panel member deliberations? Military Rule of Evidence 606 states the basic rule against questioning the panel members during or after the trial about what went on during deliberations. Prohibited Testimony or Other Evidence. During…

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A hobson’s choice–to testify or not where evidence or statements have been suppressed

Colorado v. Johnson, No. 2021 CO 35, 396 P.3d ____ (2021), requires us to visit the Hobson’s choice where you have successfully had evidence or statements suppressed but there is much value added if the client testifies. The issue then becomes one of potential impeachment with the suppressed evidence. Mil.…

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Problems in the “jury” room

In United States v. Schloff, we had an issue with extraneous influences in the “jury” room. The two senior members essentially argued that the Army reputation for dealing with sexual assaults was relevant to their findings–and a guilty result ensued. At the beginning of deliberations on findings of appellant’s court-martial,…

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Change, change, change

The Army has announced servicewide and command-specific changes in the wake of a scathing independent report last year that called for a major overhaul of both its Criminal Investigation Command and its Sexual Harassment/Assault Response and Prevention Program, reports Army Times. The changes include the following, according to an Army statement: Army-wide Updated CID…

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