:
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)
:
Updated:
Not much, but something
:
Updated:
Worth the Read for the weekend
:
Updated:
Two new case results
:
Updated:
Chelsea Manning’s sentence commuted by the President
:
Updated:
It does make you wonder . . . over to you
:
Updated:
Three new SCOTUS grants of potential interest
:
Updated:
A fence a structure does not make
:
Updated:
Military justice news — from Arkansas
:
Updated:
Deathly news
:
Updated:
A chilling thought for all Air Force sexual assault trials?
:
Updated:
Today history is prologue
:
Updated:
Are searches of a suspects cellphone too broad
:
Updated:
Such Want of Ungentlemanly Conduct — Worth the Read
:
Updated:
If true, a disturbing practice in AF courts-martial involving SVC’s.
:
Updated:
Appellate (and trial) advocacy
:
Updated:
Supreme Court grants of interest to military justice practitioners
:
Updated:
A military judge’s disqualification–always an issue?
:
Updated:
by cherry-picking which facts to air, a producer can energize an ignorant populism fueled by illusory knowledge.
:
Updated:
DoD 2016 Military Investigation and Justice Experience Survey
:
Updated:
Supreme Court gossip
:
Updated:
Medical privileges overseas-WorthTheRead
:
Updated:
Appellate advocacy CLE opportunity
:
Updated:
It has to be pretty bad
:
Updated:
Nope, apparently not looking for Bergdahl the Army says
:
Updated:
Hennis decided–findings and sentence affirmed
:
Updated:
Odd specified issue at CAAF
:
Updated:
Federal Register items of interest for SAPR issues
:
Updated:
United States v. Hills applies to MRE 414 as well
:
Updated:
Sentence Relief-Worth the Read
:
Updated:
Junk Science Reigns
:
Updated:
No surprise here
:
Updated:
Continuance denied
:
Updated:
Check the post-trial victim impact statements
:
Updated:
Check the warrant
:
Updated:
Why Do We Have No Clue How Often Rape Is Happening
:
Updated:
Worth the read–false complaints
:
Updated:
Worth the read–about UCMJ art. 32
:
Updated:
New NMCCA cases worth the read
:
Updated:
How can this happen
:
Updated:
Oooops
:
Updated:
If
:
Updated:
Judicial umpiring-WTR
:
Updated:
How broad is the evidentiary privilege in MRE 513
:
Updated:
Prosecutors must disclose Brady-plus material about police misconduct
:
Updated:
Don’t do it, but according to ACCA it may not be a crime
:
Updated:
Worth the read about false confessions and prosecutorial power
:
Updated:
Military appellate court websites
:
Updated:
Army Lawyer-WTR
:
Updated:
Military Law Review-WTR
:
Updated:
Hooray
:
Updated:
Sentencing in CP cases
:
Updated:
It’s just sad
:
Updated:
Worth the Read on military prosecutors
:
Updated:
Yes, Denedo, there really are collateral consequences
:
Updated:
JPP on, on, on
:
Updated:
In Canada, sexual misconduct is inappropriate-is it?
:
Updated:
Now what, the appeal is done
:
Updated:
In China they devalue currency. In the U.S. military they devalue your rights?
:
Updated:
Is the “victim” a “party” to the proceeding so that MRE 801(d)(2) applies to her
:
Updated:
Can the prosecution violate MRE 412
:
Updated:
Subject to interpretation–WTR
:
Updated:
New Navy rules for Transition payments to abused dependents
:
Updated:
News on mental health related administrative discharges
:
Updated:
Did DoD lie to Sen. Gillibrand
:
Updated:
Otherwise unaware
:
Updated:
Retaliation is bad, but what is it
:
Updated:
Another prosecution error in argument
:
Updated:
A word to the unprepared
:
Updated:
A word to the unwise
:
Updated:
Just a reminder–IAC possibly on sentencing
:
Updated:
Sexual assault and law of war-worth the read
:
Updated:
It’s hearsay-worth the read
:
Updated:
Borderline personality disorder
:
Updated:
2016 MCM Executive Order
:
Updated:
Thought for the day
:
Updated:
The minutiae and such
:
Updated:
Exhaustion
:
Updated:
Words of wisdom
:
Updated:
UCI is back in focus
:
Updated:
Members problems
:
Updated:
Troubling, very troubling
:
Updated:
New issues
:
Updated:
Best practices
:
Updated:
A decision from the 10th that might be applicable to military parolees
:
Updated:
Pay issue on rehearing
:
Updated:
Change in the offing-again
:
Updated:
All too common, and potentially applicable to military investigators
:
Updated:
Why worry what’s on your phone
:
Updated:
Fraternization and GoD
:
Updated:
Its a question of reliability
:
Updated:
Getting the expert is just part of the process
:
Updated:
By the numbers
:
Updated:
Worth the Read
:
Updated:
Clemency from the Prez.
:
Updated:
Prosecutorial practice
:
Updated:
A powerful reminder
:
Updated:
On the wild side and off topice
:
Updated:
Brady points
:
Updated:
Some commentary to ALI proposed changes in sexual assault cases
:
Updated:
Garcia not guilty on retrial
:
Updated:
Sex Offender Treatment-Miramar
:
Updated:
A positive result
:
Updated:
If
:
Updated:
WTR-Military Law Review articles
:
Updated:
WTR-Military Law Review
:
Updated:
Sexual assaults and improper relationships
:
Updated:
Huuum.
:
Updated:
Military Justice Review Group-Part 1-UCMJ
:
Updated:
Bergdahl-trial item 1
:
Updated:
Who prosecutes
:
Updated:
Sue her–ahem, them
:
Updated:
Overbreadth in sexual assault laws
:
Updated:
Prosecutors and wrongful convictions-WTR
:
Updated:
Coaching of child witnesses-WTR
:
Updated:
“How stories deceive” if we believe the storyteller.
:
Updated:
Interrogation and False Confessions in Rape Cases
:
Updated:
Pardons and clemency
:
Updated:
Neglecting the rights of an accused–WTR
:
Updated:
Schloff v. United States–petition filed.
:
Updated:
Bergdahl and Serial Season 2
:
Updated:
Put pen to paper, or tap a few keys
:
Updated:
What do I say to you?
:
Updated:
Interesting AFCCA comment on adultery
:
Updated:
Interesting data?
:
Updated:
Private search of computers
:
Updated:
News of the Weird?
:
Updated:
In the Supremes
:
Updated:
A question of judge and jury impartiality–conflict
:
Updated:
Not CSI, but is it even close
:
Updated:
ALAS, POOR TRUTH, WE KNEW YOU
:
Updated:
Can DNA really prove much?
:
Updated:
Recording while having sex
:
Updated:
SAPR—suppression of dissent?
:
Updated:
NCIS violates the Posse Comitatus Act–no problem
:
Updated:
Pinkela update
:
Updated:
Transparency in military justice
:
Updated:
Bergdahl-CAAF-gov.response
:
Updated:
Bergdhal-NBC amicus
:
Updated:
New rules, maybe
:
Updated:
Burke v. Bergdahl litigation update
:
Updated:
WorthTheRead from Vanderbilt Law
:
Updated:
WorthTheRead-complexities of good time credit
:
Updated:
Bergdahl v. Burke update with latest CAAF filing
:
Updated:
WorthTheRead–apology made
:
Updated:
Interesting AF PTA case
:
Updated:
Even in Canada
:
Updated:
More AF certificates to CAAF
:
Updated:
Schloff update
:
Updated:
WorthTheRead-MRE 305
:
Updated:
WorthTheRead–OHCHR
:
Updated:
Another get out of trouble note, or a good idea?
:
Updated:
WorthTheRead-Schlueter on Commanders and Sex
:
Updated:
Schloff update
:
Updated:
A quick resolution of the sentence rehearing issue
:
Updated:
Need we say more
:
Updated:
Bergdahl v. Burke
:
Updated:
Add this to concerns about EMDR
:
Updated:
Oh please. . .
:
Updated:
It took how long?
:
Updated:
Those pesky OSI/NCIS/CID/agents are lying, or not
:
Updated:
Is that government testifying about reliable psychological testimony
:
Updated:
Sex assault-alcohol blackouts-and memory
:
Updated:
A not uncommon question
:
Updated:
Worth-the-read
:
Updated:
Spousal privilege
:
Updated:
Latorre redux
:
Updated:
Worth-some-study: Future effect of technology
:
Updated:
Ancient effect of technology
:
Updated:
Latorre rising aborted
:
Updated:
Yes they can–yes the CCA can order a sentence-only rehearing
:
Updated:
A prosecutor’s duty
:
Updated:
Quote of the day-week-year
:
Updated:
Worth the Read from Military Law Review
:
Updated:
I thought prosecutors knew they couldn’t comment on exercise of right to silence
:
Updated:
Worth the Read-Brady issues
:
Updated:
Worth the Read
:
Updated:
Motive to fabricate-a short explanation
:
Updated:
Worth the Read–Cellphones
:
Updated:
Interesting reading on drunk sex accusations
:
Updated:
An interesting civil action
:
Updated:
New CAAF grant
:
Updated:
New CAAF grant
:
Updated:
An interesting confrontation issue
:
Updated:
Interesting FL case on SOR
:
Updated:
DOD IG semiannual report
:
Updated:
Today is leg day
:
Updated:
CAAF on jurisdictio
:
Updated:
Worth the read
:
Updated:
CAAF’s decision in Woods does not support MJIA
:
Updated:
An interesting perspective
:
Updated:
Opening the door-or keeping it closed
:
Updated:
Manual for Courts-Martial-new
:
Updated:
I wonder if Sen. G knows?
:
Updated:
Prosecution misconduct
:
Updated:
Did your lawyer tell you about clemency and parole?
:
Updated:
Another one bites the dust`
:
Updated:
How extensive is the Brady obligation
:
Updated:
False reports and false claims
:
Updated:
Worth the read
:
Updated:
Worth the read
:
Updated:
A long trail
:
Updated:
This is important to today as well
:
Updated:
A collateral effect of the “new” Article 32 PH
:
Updated:
Sergeant Captain may have some major issues
:
Updated:
When process is due–you might get a little more
:
Updated:
USvPlant oral argument
:
Updated:
Can you succeed on appeal in a sexual assault case?
:
Updated:
DD214 numbers
:
Updated:
Heads up on soliciting donations-recruiters-instructors beware
:
Updated:
Is there an SVC crisis?
:
Updated:
Worth the read
:
Updated:
Maoist indoctrination?
:
Updated:
Quick note about Quick sentence reassessment
:
Updated:
Recovered memory-or-making it up?
:
Updated:
More on prosecutorial discretion-and why discovery is important
:
Updated:
Worth the read
:
Updated:
Government charging-lack of preparation and caring
:
Updated:
Army 32 Procedures
:
Updated:
Distinguish between volition and memory-lack of memory doesn’t mean lack of volition
:
Updated:
Cell tower positioning
:
Updated:
Collateral consequences of being Titled
:
Updated:
Overcharging conspiracy
:
Updated:
Using SVC statements against. . .
:
Updated:
More refusniks to be deported
:
Updated:
Soft precedent or something else
:
Updated:
An interesting certification
:
Updated:
A history note
:
Updated:
I have to wonder
:
Updated:
The Burris trial
:
Updated:
Less rapes nationwide
:
Updated:
A reminder to appellate counsel
:
Updated:
Prosecutor discipline?
:
Updated:
Worth your read-pretrial agreements
:
Updated:
Worth the watch –
:
Updated:
Is it IAC
:
Updated:
More bullets for you less for the enemy
:
Updated:
Worth the read for your weekend
:
Updated:
Social media as evidence
:
Updated:
Worth the read for a coming weekend
:
Updated:
An important reminder of what is inconsistent
:
Updated:
Sexual misconduct in the Brig
:
Updated:
Military justice humour
:
Updated:
For your calendar
:
Updated:
NIMJ writing awards
:
Updated:
NCIS chief interviewed
:
Updated:
Up periscope under the radar
:
Updated:
Thinking upgrade
:
Updated:
Test
:
Updated:
Military justice changes coming?
:
Updated:
Light-heavy-worth the read
:
Updated:
Making an objection or motion
:
Updated:
French leave
:
Updated:
Transparency
:
Updated:
Bilged by a marine
:
Updated:
Why have courts-martials-a worth the read
:
Updated:
Free and unfettered speech-not
:
Updated:
Worth the read
:
Updated:
Ban the ban on extrinsic impeachment evidence
:
Updated:
Being drunk and being incapacitated aren’t the same
:
Updated:
Prosecutorial error and best practices
:
Updated:
IAC by not filing motions
:
Updated:
Erotic asphyxiation-the choking game
:
Updated:
In the Supremes-Ohio v. Clark-watch for it
:
Updated:
That’s him!
:
Updated:
Stacked deck
:
Updated:
Worth the read
:
Updated:
A mixed but really good result?
:
Updated:
CP distribution?
:
Updated:
They’ve already made up their minds
:
Updated:
Prosecutors favorite-we’ve always done it that way
:
Updated:
The ambiguity of consent or lack of consent in sexual assault cases
:
Updated:
An interesting military medical benefits case
:
Updated:
Up periscope
:
Updated:
Men are victims too
:
Updated:
Political prosecutorial overreach
:
Updated:
The best evidence is the best evidence
:
Updated:
Worth the read
:
Updated:
Providence shines down or upon
:
Updated:
Can victims limit prosecutorial discretion
:
Updated:
New CAAF grant
:
Updated:
LRM rises . . .
:
Updated:
Benchbooks and Instructions
:
Updated:
It’s not a privilege children have
:
Updated:
A new trial gained
:
Updated:
Searching cell phones, even of the arrested requires a warrant
:
Updated:
Reversal rate on appeal
:
Updated:
I object, well I thought I did
:
Updated:
Drug induced psychosis as a defense
:
Updated:
More Grosty
:
Updated:
Worth the read
:
Updated:
Leaders must watch their words on military sexual assault
:
Updated:
An update on the Pendleton search case
:
Updated:
Grosty
:
Updated:
A resource
:
Updated:
Conviction at CM can qualify under the ACCA
:
Updated:
The Bergdahl Affair? ils accusent
:
Updated:
A broader definition of CP?
:
Updated:
Grostefon issues win – sometimes – sort of
:
Updated:
Real and to be expected?
:
Updated:
An appeals court cannot take judicial notice of an element of the offense
:
Updated:
Confrontation confrontation
:
Updated:
Navy self reporting–Redux
:
Updated:
Enlisted retired grade-after a grade reduction event
:
Updated:
Prosecutorial discretion
:
Updated:
To be expected
Court-Martial Trial Practice Blog