I’ve not heard the awesome power of de novo review discussed this way. On the basis of the entire record we cannot find that the court was wrong as a matter of law in finding an intention to desert. We are, however, by Article 66(c) of the Code privileged to say…
Brother Bill sent me a link to this Onion piece. http://www.theonion.com/articles/partially-faded-hand-stamp-undermining-everything,30790/ It is a good teaching tool for those of us who go to court and actually try cases in front of members. I did a Marine case some years ago where the feedback was interesting. The members spent a…
Click to access US.v.Boyce.pdf
Direct comments on the exercise of the right to silence are usually quite clear and should draw an immediate objection. Our friends at federalevidence review have a comment. What isn’t so clear are indirect or implied or subtle comments. This is a particular bugaboo of my when LE…
“CCTV footage taken at the time of the earlier incident showed the woman walking arm-in-arm with a man, and she later conceded she made the false report because she “regretted” her contact with him.” Yes, people do lie for what seems a silly reason. And yet the person lied on…
There a various ways to keep up with the law, politics, and policy surrounding military justice, or legal issues in general. You can use Goodle news. This allows you to have various news items collated on the Google News website. So for example, one of my several “search terms” is…
Why do we ask members to promise that they will do the impossible? This is a question raised in a recent The Jury Expert. Jurors often promise to try their best to set aside prior experiences, attitudes or beliefs. But the desire to do what jurors believe is expected of…
The Forensics Science Standards Act 2012. Stalled? Nope, gone. The Forensic Science and Standards Act of 2014 Stalled?
Just in over the transom from a very reliable colleague. A TC told him that the defense is not allowed to have a copy of the SJA pretrial advice because it is a privileged communication. Apparently the TC is not familiar with the rules – not uncommon. I do wish…
We are told, by the U.S. Supreme Court no less that sex offender registration is a collateral consequence not punishment so does not suffer ex-post facto restraints. United States v. Kebodoux involves a military person convicted at SPCM. And within the military we have case law. But, can registration reach…