Court-Martial Trial Practice Blog

New Developments in Criminal Law: Child Pornography and Appellate Review, by MAJ Jeremy Stephens. THE ABUSE OF DISCRETION STANDARD OF REVIEW IN MILITARY JUSTICE APPEALS, by COLONEL JEREMY STONE WEBER.    

Regardless of the type of case, motive to falsely testify of a primary witness is almost always of some relevance.  The recent case of Nappi v. Yelich, from the Tenth highlights that. The Sixth Amendment’s confrontation right, which applies equally to defendants in state prosecutions, “means more than being allowed to…

Protecting the Privacies of Digital Life: Riley v. California, the Fourth Amendment’s Particularity Requirement, and Search Protocols for Cell Phone Search Warrants William Clark, Boston College, Law School, Students June 30, 2015 Boston College Law Review, Forthcoming Abstract: In 2014, in Riley v. California, the U.S. Supreme Court held that…

http://www.theamericanconservative.com/dreher/too-drunk-to-have-sex/ http://www.slate.com/articles/double_x/doublex/2015/02/drunk_sex_on_campus_universities_are_struggling_to_determine_when_intoxicated.html Of course the danger for men in particular is enhanced by the fraud propagated during sexual assault training that one drink means no consent.  I think it fair to call this aspect of training a fraud because it is medically and legally false.  And, in my view knowingly…

Doe v. Regents of the University of Southern California San Diego While the Court respects the university’s determination to address sexual abuse and violence on its campus, after reviewing the Administrative Record, the Court finds that in this particularly case, the hearing against petitioner was unfair.

No. 15-0664/AF. U.S. v. Sean J. Chero. CCA 38470.  On consideration of the petition for grant of review of the decision of the United States Air Force Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER THE MILITARY JUDGE ABUSED HIS…

No. 15-0476/AR. U.S. v. Eric L. Rapert. CCA 20130309.  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 THE FINDING OF GUILTY FOR CHARGE…

Are you at a base overseas? Do you have foreign national witnesses or foreign language documents as evidence in your case? United States v. Aifang Ye, No. 12-10576 (9th Cir. 2015) may be of interest to you. The court held that the defendant’s argument that the government’s failure to call certain…

Jershun v. State (FL).

TheDOD IG Semiannual Report to the Congress has been issued for the reporting period of October 1, 2014, to March 31, 2015 is on line.  The report complies with a requirement of the Inspector General Act of 1978, as amended.   The report is a summary. DoD IG issued 103 reports,…