The version of the facts contained in the majority opinion is far more convincing than are the facts contained in the record of trial. It is not unusual for an appellate opinion to be selective in reciting the facts of a case relevant to the decision. This can be attributed…
It has been some time since I’ve had a case where it was necessary to have “cell tower” evidence to “locate” the client. Here is an interesting piece in The New Yorker. On May 28th, Lisa Marie Roberts, of Portland, Oregon, was released from prison after serving nine and a…
As many of you know, when CID/NCIS/OSI/CGIS starts an investigation into you they make a record. The subject line is your name plus other information. This is what is know as being “Titled.” That information is submitted to NCIC as the equivalent of an arrest – even though you were…
It is routine for military prosecutors to overcharge in courts-martial. They feel the more they can pile on the worse it makes the accused look. So that’s why you might see a charge of murder along with a charge of spitting on the side-walk. One of the areas of frequent…
Teaching point about SVC’s and how the defense may be able to use them to the benefit of the defense. Not too long ago I had a SVC making oral argument on a MRE 412 motion. During the course of the SVC presentation it occurred to me that she was…
In August 2012, I noted a decision made by the Canadian court. Canada has ordered the deportation of a female soldier who fled the U.S. military in order to avoid the war in Iraq, officials said Thursday. [Army Times] Now we have this: More U.S. soldiers could be sent back for…
In this day and age you’d wonder why all appellate decisions are not “published.” Many of not all are available either to lawyers through a research service or the general public through court websites. So what’s going on; some attention is being paid to the topic of unpublished opinions. For…
No. 15-0347/MC. U.S., Appellant v. Christopher A. Quick, Appellee. CCA 20201300341. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date on the following issue: WHETHER PRECEDENT AUTHORIZING COURTS OF…
Military appellate lawyers know the mantra: This Court has an independent obligation to review each case de novo to ensure the factual and legal sufficiency of the findings. Article 66(c), UCMJ, 10 U.S.C. § 866 (2012); United States v. Turner, 25 M.J. 324 (C.M.A. 1987). In doing so, this Court…
In today’s military I have to wonder what people may be thinking. Some time ago the Army had a prostitution scandal. Now apparently the Navy. Prostitution is illegal and various acts involving prostitution are illegal under the UCMJ. The Stars & Stripes has this report today. The former command master…