Court-Martial Trial Practice Blog
Here are some CAAF grants/issues that should resonate in the field.
No. 10-0332/AF. U.S. v. Yolanda FLORES. CCA S31621. Review granted on the following issue:
WHETHER TRIAL COUNSEL IMPROPERLY COMMENTED ON APPELLANT’S CONSTITUTIONAL RIGHT TO REMAIN SILENT THUS DEPRIVING APPELLANT OF A FAIR TRIAL.
No. 10-0334/AF. U.S. v. Dennis R. SAVARD. CCA 37346. Review granted on the following issue:
WHETHER THE MILITARY JUDGE ERRED BY DENYING TWO WRITTEN DEFENSE MOTIONS WITHOUT HOLDING DEFENSE-REQUESTED ARTICLE 39(a) SESSIONS DESPITE RCM 904(h), WHICH PROVIDES THAT "UPON REQUEST, EITHER PARTY IS ENTITLED TO AN ARTICLE 39(a) SESSION TO PRESENT ORAL ARGUMENT OR HAVE AN EVIDENTIARY HEARING CONCERNING THE DISPOSITION OF WRITTEN MOTIONS."