:
Updated:
Regrettable errors by SVC and TC
:
Updated:
DNA–is touch or transfer DNA reliable evidence of guilt
:
Updated:
Can an alleged victim sue to stop discovery in a court-martial
:
Updated:
Sexual harassment
:
Updated:
Discovery by the defense
:
Updated:
New evidence rules?
:
Updated:
A good result
:
Updated:
Some useful articles for March 2022
:
Updated:
Unanimous verdict litigation
:
Updated:
Erroneous prosecutor arguments
:
Updated:
Mental Responsibility
:
Updated:
Alternate fee sources
:
Updated:
Accepting a pardon is accepting guilt?
:
Updated:
“Believe the victim”–encouraging a presumption of guilt?
:
Updated:
Short take on the military COVID program
:
Updated:
Marijuana legalization
:
Updated:
Compelled vaccination
:
Updated:
Compelled passwords
:
Updated:
SOR
:
Updated:
Big change in Army officer promotions
:
Updated:
Can you impeach the jury and their verdict
:
Updated:
A hobson’s choice–to testify or not where evidence or statements have been suppressed
:
Updated:
Problems in the “jury” room
:
Updated:
Cellebrite news
:
Updated:
Change, change, change
:
Updated:
New appeal route for discharge upgrades
:
Updated:
Forensic myopia
:
Updated:
Prior convictions
:
Updated:
Here’s a new wrinkle of retiree jurisdiction
:
Updated:
How much copying and pasting should you do
:
Updated:
Check them out
:
Updated:
Discharge upgrads
:
Updated:
Got a BCMR/DRB case?
:
Updated:
Confessions under Mil. R. Evid. 304(c) and “corroborating evidence”
:
Updated:
Suppression motions need to be broad and precise
:
Updated:
More serendipity
:
Updated:
Closing argument
:
Updated:
To do or not to do
:
Updated:
Bookends of a sort
:
Updated:
Preadmitting evidence
:
Updated:
Appellant’s access to the Supreme Court
:
Updated:
NIMJ sponsored event
:
Updated:
Credibility of a hearsay declarant
:
Updated:
jurisdictional questions
:
Updated:
Sort of SODDI
:
Updated:
Implicit bias
:
Updated:
Investigating special operators
:
Updated:
Communicated character
:
Updated:
Excited? There’s an exception for that
:
Updated:
Religious beliefs at trial
:
Updated:
Ethical considerations
:
Updated:
The Army is not alone
:
Updated:
Some notes from the NDAA
:
Updated:
NDAA item of note
:
Updated:
Brady
:
Updated:
Command responsibility for war crimes
:
Updated:
The GP is improvident?
:
Updated:
Presidential war crimes?
:
Updated:
MCIOs may lie, cheat, and steal, we don’t care
:
Updated:
2 AF attorneys potentially facing discipline
:
Updated:
Mil. R. Evid. 804(b)(1)
:
Updated:
In the ‘we are not alone’ category, the High Court of Denmark affirmed the findings and increased the sentence of a senior officer.
:
Updated:
ACCA website
:
Updated:
USNA disenrollment lawsuit
:
Updated:
This is why
:
Updated:
Brady delayed is justice denied
:
Updated:
Briggs, Collins, and Mangahas
:
Updated:
Statements against interest
:
Updated:
Fort Hood
:
Updated:
Change not coming soon
:
Updated:
A commander’s duty to punish
:
Updated:
Up Periscope 04112020
:
Updated:
FRE 404(b) changes effecrtive 1 December 2020
:
Updated:
A bit more on FS
:
Updated:
We may be seeing the last of factual sufficiency issues on appeal
:
Updated:
USERRA in the news
:
Updated:
Larrabee (temporary) wins
:
Updated:
Breaker Morant revised
:
Updated:
Up Periscope 20112020
:
Updated:
Thoughts on USvScott pending at CAAF
:
Updated:
SUPREME COURT
:
Updated:
NG and Domestic Operations
:
Updated:
Review of SA cases closed in 2017
:
Updated:
Rules of Court and Stuff
:
Updated:
An interesting CAAF remand
:
Updated:
Federal laws impacting the use of the military during interesting times
:
Updated:
Lorrance v. Commandant USDB
:
Updated:
Prior complaints in sexual assault cases.
:
Updated:
Worth the Read–a case of parole.
:
Updated:
The Orders Project
:
Updated:
Federal laws prohibiting military actions around elections
:
Updated:
How useful is SOR?
:
Updated:
Got an officer accused under Article 88?
:
Updated:
A prosecutor’s duty to disclose
:
Updated:
New AWOL policy in the Army
:
Updated:
Will you have to deploy to U.S. polling stations
:
Updated:
Election cycle
:
Updated:
A broader approach to “extramarital conduct”
:
Updated:
Civilian arrest and court-martial?
:
Updated:
Military Judge recusal
:
Updated:
UP Supreme Court
:
Updated:
The Supremes are back to public work
:
Updated:
Up Periscope 02102020
:
Updated:
Fort Hood
:
Updated:
Trial-Social Media Instructions
:
Updated:
9th Circuit reverses a conviction based on prosecutor’s closing argument.
:
Updated:
Lorance
:
Updated:
JSC Sec. 540f Report
:
Updated:
Symposium on civilian casualties
:
Updated:
“Ghost gun” Soldier AdSep’d
:
Updated:
A bit of history
:
Updated:
Challenging the Investigators
:
Updated:
NMCCA rule change
:
Updated:
AFCCA published opinion on post-trial (Moreno) delay
:
Updated:
Guns and lawyers
:
Updated:
How’s that speedy trial going
:
Updated:
Offenses aboard an aircraft
:
Updated:
Status of the 2016 NDAA
:
Updated:
Bergdahl
:
Updated:
Duty calls–a duty to Google
:
Updated:
Coast Guard links
:
Updated:
UCI
:
Updated:
On the horizon
:
Updated:
Bergdahl
:
Updated:
Witnesses
:
Updated:
Not good DCs
:
Updated:
Interesting legal issue
:
Updated:
Need something to read
:
Updated:
The medical exception in evidence.
:
Updated:
Jackson v. Navy
:
Updated:
Prisoner rights
:
Updated:
A lapse in time
:
Updated:
Old client
:
Updated:
And again
:
Updated:
Worth watching for
:
Updated:
Grazioplene redux
:
Updated:
Another contribution to the discussion of a commander’s authority
:
Updated:
Worth the Read on Confessions
:
Updated:
Motive to lie
:
Updated:
After the court is over
:
Updated:
Worth the Read (WTR)–right to silence
:
Updated:
Article 69(d) in the toolbox
:
Updated:
Double jeopardy at CAAF
:
Updated:
Very significant case for post-trial w/subjurisdictional sentence
:
Updated:
Corroboration is important
:
Updated:
Reid teaches
:
Updated:
Forensics
:
Updated:
A quickie on UMC
:
Updated:
Digital evidence suppressed
:
Updated:
Who needs PC
:
Updated:
Army RFGOS change
:
Updated:
Collateral effects of a court-martial
:
Updated:
Some guidance on MJA 2016
:
Updated:
Rube Goldberg
:
Updated:
Changing DNA
:
Updated:
Compelled decryption
:
Updated:
Evidence biases
:
Updated:
Ineffective assistance from an expert
:
Updated:
Sensible charging decisions
:
Updated:
Evidence collection at the hospital
:
Updated:
Confrontation of “science”
:
Updated:
Scope of the search
:
Updated:
SCOTUSBlog on Briggs, et. al.
:
Updated:
Suppressing that pesky search
:
Updated:
IAC in pretrial negotiations
:
Updated:
Joint possession
:
Updated:
The complexity of consent
:
Updated:
Abandonment of rank
:
Updated:
Canary, how about gorilla
:
Updated:
To catch . . .
:
Updated:
MIL. R. EVID. 801(d)(1)(B)(i) AND 801(d)(1)(B)(ii)
:
Updated:
Motive and gain
:
Updated:
Case of interest
:
Updated:
Ooops-darn those PTA’s.
:
Updated:
An interesting take on IAC claims on appeal
:
Updated:
Mostly predictable
:
Updated:
Briggs and Collins meet the Supremes
:
Updated:
Right to silence and the presumption of guilt
:
Updated:
Dubay hearing on United States V. Scott. not very productive
:
Updated:
Searching lawyers
:
Updated:
Searching car computers
:
Updated:
Forensic science?
:
Updated:
Prosecutorial discretion–WTR
:
Updated:
Striking testimony–ah–RCM 914
:
Updated:
Prosecutors discovery obligations
:
Updated:
New CAAF grant
:
Updated:
Military justice stats for FY 2018
:
Updated:
Suicide issues in the military
:
Updated:
History (220919)
:
Updated:
Know your Constitution
:
Updated:
Comparing systems–same result?
:
Updated:
Unfounded Sex Assault Charges Trending Up in DoD Reports
:
Updated:
A view from across the pond
:
Updated:
Dances of Justice: Tango and Rumba in Comparative Criminal Procedure
:
Updated:
Alcohol related decisions?
:
Updated:
I object, so let’s discuss that with the members
:
Updated:
Note of SOR
:
Updated:
Fourth Amendment happenings
:
Updated:
Worth-the-Read
:
Updated:
Upon taking command
:
Updated:
Don Rehkopf as a reminder to defense counsel
:
Updated:
Confirmation Bias and Other Systemic Causes of Wrongful Convictions
:
Updated:
Retirement after court-martial
:
Updated:
DC–you have to police the prosecutors, they won’t police themselves.
:
Updated:
Take that
:
Updated:
Minimum Supervised Release
:
Updated:
Voluntariness, consent, and all that
:
Updated:
Affirmative defenses–Macdonald trailers?
:
Updated:
Did you know
:
Updated:
SORNA
:
Updated:
Nullification of PTC credit
:
Updated:
Noteworthy Supreme Court petition
:
Updated:
How would Dostoevsky view a court-martial case from investigation to verdict
:
Updated:
Army online conduct guidance
:
Updated:
Army Deskbook 2019
:
Updated:
The harmful effects of law enforcement tunnel vision
:
Updated:
You are presumed guilty
:
Updated:
Don’t do speaking objections in front of members
:
Updated:
Statutory interpretation–plain meaning
:
Updated:
Going to confinement?
:
Updated:
When the prosecution requires a plea to a charge the accused isn’t provident to get a take it or leave deal.
:
Updated:
Another in the you don’t want to start reading the CCA’s evaluation of your case this way series
:
Updated:
You don’t want to start reading the CCA’s evaluation of your case this way
:
Updated:
Worth the Read
:
Updated:
AMRDEC is back–possibly still a temporary access
:
Updated:
New cases of interest
:
Updated:
How did this happen? — well, it’s a sexual assault case.
:
Updated:
Collateral consequences
:
Updated:
New Navy FOIA regulation
:
Updated:
Interesting reminder to understand pretrial agreement terms
:
Updated:
More on SOR
:
Updated:
Innocent or want a trial, but plead guilty anyway
:
Updated:
Presumptions in criminal cases
:
Updated:
Be careful who you talk to
:
Updated:
Can MRE 404(b) allow for an end-run around Hills and Hukill?
:
Updated:
MJ clemency recommendation
:
Updated:
Who controls
:
Updated:
Employment opportunity-possible VET related
:
Updated:
Why I raise Grostefon errors on your behalf
:
Updated:
Private internet speech is unlawful if an officer in the AF
:
Updated:
SOR
:
Updated:
Worth the Read (WTR) for 23 September 2018
:
Updated:
Canadian Court-Martial Appeal Court has decided an important constitutional challenge to jurisdiction
:
Updated:
Who writes the judge’s writings
:
Updated:
Supreme events
:
Updated:
Historical resource
:
Updated:
Put a little English in it
:
Updated:
Are photo’s reliable evidence
:
Updated:
MCIO fishing warrants
:
Updated:
Complete failure of PC denied govt GFE
:
Updated:
Taking that Hills
:
Updated:
What can the CA do post-trial
:
Updated:
A skunk is a skunk
:
Updated:
Check your records
:
Updated:
Novelty but not fun to the Appellant
:
Updated:
Is blood spatter evidence good
:
Updated:
Plea agreement waivers
:
Updated:
Security clearance updates
:
Updated:
New page on CGCCA
:
Updated:
A reminder on when to raise UCI
:
Updated:
A unit reminder
:
Updated:
What do you do after trial
:
Updated:
A reason to make false statements in a MSA case
:
Updated:
Worth-the-Read, grabbed few items
:
Updated:
Expanding the definition of CP and other things
:
Updated:
Motions and IAC
:
Updated:
Reasonable grounds (a quite low standard) is all that is needed to refer charges–not probable cause
:
Updated:
Discovery about MCIOs involved in your case
:
Updated:
Discovery information for drug cases
:
Updated:
Brady-Urinalysis (220618)
:
Updated:
Good news from SCOTUS today
:
Updated:
Who controls, you or the client
:
Updated:
Eyewitness indentification
:
Updated:
Worth-the-View
:
Updated:
Non DNA evidence in sexual assault cases
:
Updated:
Not just America
:
Updated:
SOR laws are punitive?
:
Updated:
Bluebooking, the bane of a lawyers life and a cleaner life
:
Updated:
Harmless error on appeal
:
Updated:
The rule of lenity
:
Updated:
The presumption of regularity
:
Updated:
Continuing problems of MRE 413 and 414
:
Updated:
UCI, the carcinoma
:
Updated:
Fourth Amendment exception NOT extended
:
Updated:
Customary law and punishment
:
Updated:
Post trial errors
:
Updated:
Double jeopardy jeopardy
:
Updated:
This is not new, it’s news, but not new
:
Updated:
Arrested, prosecuted, convicted
:
Updated:
Records of trial
:
Updated:
Yes, yes they can–a CCA can set aside a mandatory DD
:
Updated:
Sad, very sad, but to be expected?
:
Updated:
Prosecutor error condoned, perhaps encouraged?
:
Updated:
The more the change the less the same
:
Updated:
An Army “discovery” case of interest
:
Updated:
An acknowledgement that the military doesn’t support illegal drug use
:
Updated:
The impact of emojis and emoticons in courts-martial
:
Updated:
The SVC program
:
Updated:
Police and prosecutor misconduct
:
Updated:
False rape allegations–a timeline
:
Updated:
Why?
:
Updated:
You are not alone
:
Updated:
Missed opportunity
:
Updated:
Obedience to orders
:
Updated:
This is why Sex Offender Registration is complicated
:
Updated:
Why Facts Don’t Change Our Minds
:
Updated:
Punitive not collateral
:
Updated:
Let’s object
:
Updated:
Hills trailer park
:
Updated:
Army–partial return to the public
:
Updated:
Conflict of interest–at The Supremes
:
Updated:
Shaken baby syndrome–WTR
:
Updated:
How to decide what was decided in split decision with multiple opinions
:
Updated:
Task Force Purple Harbor
:
Updated:
Deliberate ignorance?
:
Updated:
Getting the cell phone
:
Updated:
A good mixed result
:
Updated:
The perils of sex offender registration for defense counsel
:
Updated:
The BH-8 case continues to fizzle
:
Updated:
Eyewitness identification for the defense and trial counsel
:
Updated:
What do you think?
:
Updated:
UCI in the jury box
:
Updated:
The sager comes to an end
:
Updated:
Pretrial agreement terms
:
Updated:
Discovery failures
:
Updated:
CLE required in your state, come to Williamsburg, VA
:
Updated:
Prosecutor games
:
Updated:
Worth the Read
:
Updated:
Victim impact input prior to sentencing
:
Updated:
Just interesting
:
Updated:
Ongoing military death case
:
Updated:
Military courts in the future
:
Updated:
Ineffective assistance of counsel
:
Updated:
Appellate deadlines and deadlines
:
Updated:
I quote
:
Updated:
CAAF at work
:
Updated:
Andrew McCarthy writes in National Review
:
Updated:
Marine general officer–lawyer–sent to jail
:
Updated:
Navy collisions at sea
:
Updated:
Interesting view of courts-martial in federal court
:
Updated:
Mens rea in military criminal statutes or charges
:
Updated:
A rampant problem in courts-martial? — WTR
:
Updated:
False rape accusations
:
Updated:
A looooooooooonnnnnnnnnnnnnnnnnnnng time coming
:
Updated:
Are there perils in statutory interpretation at trial or on appeal
:
Updated:
Two CAAF cases to watch
:
Updated:
Judge Kopf ruminates on Brady and Giglio — Worth-The-Read
:
Updated:
Sentencing
:
Updated:
An unguide to the perplexed
:
Updated:
The Terlap sentencing issue
:
Updated:
A piece of history
:
Updated:
Dubay hearings in the news
:
Updated:
Sentence appropriateness on appeal
:
Updated:
Government appeals
:
Updated:
Federal incarceration Costs Significantly More than Supervision
:
Updated:
Can there be a foul but no harm
:
Updated:
More cases coming?
:
Updated:
Pending change to federal rules of evidence
:
Updated:
DNA may be too good and convict the innocent
:
Updated:
An interesting justification for a Brady violation
:
Updated:
A resource for Virginia’s veterans
:
Updated:
CAAF grants and sets-aside, with a remand
:
Updated:
A possible new development with vet’s and PTSD
:
Updated:
Two new Navy instructions of interest
:
Updated:
Challenge to sex offender registration in Pennsylvania
:
Updated:
UCMJ and MCM changes coming
:
Updated:
Copious rations and heaping servings
:
Updated:
Note for appellate counsel
:
Updated:
Supreme Court invalidates ban on social media for sex offenders
:
Updated:
How difficult is it to get a federal court to overturn a court-martial conviction
:
Updated:
No, sorry
:
Updated:
Collateral consequences
:
Updated:
And now for something completely different
:
Updated:
Is there racial disparity in disciplinary actions within the Armed Services
:
Updated:
Outrageous prosecuting conduct leads to a reversal at NMCCA
:
Updated:
U.S. ooops, Canadian, courts-martial
:
Updated:
Supplement on investigations into law of war violations
:
Updated:
Comparing a British Army court-martial
:
Updated:
DNA may not be all it can be
:
Updated:
Where is the SVC
:
Updated:
Worth the Read
:
Updated:
A Hills-Hukill trailer of interest
:
Updated:
Who decides–a lawyer or a not a lawyer
:
Updated:
More on Marine nude postings-Protecting the Rights of IndiViduals Against Technological Exploitation, or PRIVATE Act
:
Updated:
The tipsy judge? I don’t think so, but possibly an unfortunate meme
:
Updated:
Not in the military – mostly
:
Updated:
An unusual summary disposition
:
Updated:
Just over the transom from NACDL
:
Updated:
Retirees for courts-martial anyone?
:
Updated:
A prosecutor’s duty
:
Updated:
Leiber Code-this day in history
:
Updated:
How to deal with–at all–devastating collateral consequences to combat operations
:
Updated:
Social media problems
:
Updated:
The title: Strengthening Children’s Safety Act closes loopholes
:
Updated:
CAAF personnel moves
:
Updated:
Backgrounders
:
Updated:
“Justice” Gorsuch-Worth-the-Read
:
Updated:
Double jeopardy
:
Updated:
A court-martial is not a gymkana
:
Updated:
Case to watch–jury nullification
:
Updated:
Finally, ACCA agrees that MRE 412 applies to the prosecution as well
:
Updated:
Discovery (in Virginia)
Court-Martial Trial Practice Blog