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Court-Martial Trial Practice Blog

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Worth the read

Estimating Gender Disparities in Federal Criminal Cases Sonja B. Starr University of Michigan Law School August 29, 2012 University of Michigan Law and Economics Research Paper Abstract: This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over…

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No Easy Day

And is it possible there may be no easy nights? 1.  Is he a retiree, and thus potentially subject to recall for the purpose of prosecution under the UCMJ. Here is a Mil. L. Rev. article on Article 2(a)(4) and (6), UCMJ (2102), and check out the following: Person v.…

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A neglected subject?

In all of the political and policy discourse about sexual assaults little if any attention is given to sexual assaults committed by women, usually on men. Here is an interesting article about the “discussion” about prison sexual assault.  Can the same be said for non prison sexual assault views. Engendering…

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Ambiguous request for counsel

Result – statements suppressed, and will be in the 9th because of Sessoms v. Runnels, No. 08-17790, 2012 U.S. App. LEXIS 17206 (9th Cir. 2012)  Wow.  What about Davis v. United States? Davis doesn’t apply because the ambiguous request came BEFORE the accused was advised of his Miranda rights.  So, why…

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The new privilege for victim-advocates does not apply

The new Mil. R. Evid. may not apply to any offense committed prior to it’s effective date?  Is there an argument that application to an offense prior to the effective date violates the ex-post facto clause.  See Calder v. Bull, 100 U.S. 1 (1798). Article I, section 9 of the…

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Bite mark evidence and testimony-defense resource

Occasionally there is a case involving bite mark evidence and testimony.  This type of testimony is subject to challenge under Houser.  Here I am talking about a case where the bite mark testimony goes to prove the identity of the accused. So, to that end the defense needs resources to…

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