A 31 May 2016 grant at CAAF. No. 16-0418/NA. U.S. v. Jeffrey D. Sager. CCA 201400356. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following…
Now available: 05-09-2016, Investigative Oversight, Evaluation of the Separation of Service Members Who Made a Report of Sexual Assault (Project No. 2015C012), DODIG-2016-088. The report does not necessarily define what retaliation is–that’s a failing. Unfortunately people will start to believe it’s whatever the complaining witness says it is, even though something isn’t and…
As people know, I follow closely issues of improper prosecution argument. Trial counsel’s arguments present an opportunity for significant error and perhaps a new trial. Well, this snapped my head when first read. Appellant, a married African-American adult of 27 years, raises a complaint under Grostefon which merits discussion. He…
Here’s an interesting summary disposition from CAAF. No. 16-0468/AR. U.S. v. James H. Lee. CCA 20140309. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, and in light of the conflicting affidavits between Appellant and his trial defense…
Recently, in United States v. Marsh, No. 38688 (A.F. Ct. Crim. App, Apr. 19, 2016), the (unnamed and not me or several of my closest friends) civilian defense counsel was held in contempt for late filing of a motion. It appears this was not the first time in the case…
We tend to focus on IAC issues to do with the merits, which on occasion includes a failure to investigate. Here is a CAAF reminder, to us andACCA. No. 16-0468/AR. U.S. v. James H. Lee. CCA 20140309. On consideration of the petition for grant of review of the decision…
Something here for the downrange SJA/BJA. You’ll remember this: Joseph Goldstein, U.S. Soldiers Told to Ignore Sexual Abuse of Boys by Afghan Allies, N.Y. Times (Sept. 20, 2015),http://nyti.ms/1KrOuSM. And perhaps the Soldier trouble for beating up an Afghan. See Kyle Jahner, ‘One of the Best’: Defenders Show Support for Ousted…
Captain John S. Reid, as this “Is It Hearsay? A Practical Primer,” in 43 The Reporter, No. 2 (2016), for a quick and good review of the various hearsay rules.
Compulsive lying, or mythomania, can be common in people with Borderline Personality Disorder. ClearviewTreatment, Borderline Personality Treatment. Diagnosed, suspected? I believe there are several basic motivations to lie when you have BPD. There are also two types of lies: by admission (by telling) and by omission (by not telling). Both…
The President has signed an Executive Order amending the Manual for Courts-Martial (which includes the rules of evidence) for 2016. Of significance, it will be even harder to challenge the admission of “confessions” or “admissions” of the accused. The current rule states that: “evidence obtained as a result of an unlawful…