Good friend Gene Fidell has drawn attention to a news release about the new report. In particular he notes that 23% of those surveyed last year would not recommend making a report. The 2015 survey report is Enclosure 3. Interestingly, last year nearly a number of respondents were dissatisfied with the various…
Court-Martial Trial Practice Blog
Supreme Court gossip
SCOTUSBlog has an interesting post about the court’s relist practice. Some of us discussed the relist option when the court was considering the petition in United States v. Sullivan, 74 M.J. 448 (C.A.A.F. 2015) cert. denied. When last we wrote about the statistics of relists a little over a year…
Medical privileges overseas-WorthTheRead
We have complications in CONUS trials with doctor-patient privileges. Overseas, host nation laws can make an already complex issue more difficult to navigate. COL (former military judge) Masterson discusses the administrative and legal difficulties under the NATO SOFA. Doctor-Patient Privilege Rules Overseas, ARMY LAW. August 2016.
Appellate advocacy CLE opportunity
Appellate Advocacy 2016 Date & Time: Friday, October 21, 2016 from 9:00 am to 5:00 pm CLE Credit: Yes Event Description 6.5 Credit Hours, Including 1.0 Ethics Credit Hour This highly acclaimed course features the consumers and producers of appellate advocacy in the federal courts. It is designed as an…
It has to be pretty bad
https://www.thefire.org/ocr-finds-unfair-disciplinary-process-for-accused-student-violates-title-ix/
Nope, apparently not looking for Bergdahl the Army says
Sara Koenig, Was Anyone Killed Looking for Bowe Bergdahl? Some Hard Evidence at Long Last, 6 October 2016. After nearly a year of waiting, [Serial has] finally received the Army’s internal investigations into the 2009 deaths of six soldiers from Bowe Bergdahl’s unit: MW, CB, KC, MM, DA and MM. None of…
Hennis decided–findings and sentence affirmed
The Army Court of Criminal Appeals has decided United States v. Hennis, the military’s latest death penalty appeal. The opinion is 106 pages long, so it will take a little time read. But what struck me immediately were the statistics. The case was heard en banc. However, of 12 judges…
Odd specified issue at CAAF
In United States v. Lopez, Army Court of Criminal Appeals affirmed, but there is no opinion on the Army court website and I don’t see it in Lexis. The Court of Appeals for the Armed Forces has specified an issue for review in this case as follows: No. 16-0487/AR. U.S.…
Federal Register items of interest for SAPR issues
32 CFR Part 105 Sexual Assault Prevention and Response (SAPR) Program Procedures; Final Rule, of 27 September 2016, 81 FR 66424. This rule contains amendments to an interim final rule published in the Federal Register on April 11, 2013, which provided guidance and procedures for the SAPR Program. This included…
United States v. Hills applies to MRE 414 as well
No. 16-0704/AR. U.S. v. Dwight Harris, Jr. CCA 20131045. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER, IN LIGHT OF UNITED STATES v.…