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Court-Martial Trial Practice Blog

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DoD 2016 Military Investigation and Justice Experience Survey

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…

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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…

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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.

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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…

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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…

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