Important Events Category Archives — Court-Martial Trial Practice Blog Published by International Military Lawyer

Unanimous verdicts Update

September 23, 2023 | The Law Office of Philip D. Cave

In this earlier blog, I commented on the pending litigation over unanimous verdicts at courts-martial. As military defense lawyers we continue to support the advice given that the issue should be raised in all courts going forward.

The update is that the Court of Appeals for the Armed Forces has decided United States v. Anderson. The unanimous court decided that there was still no constitutional requirement for a unanimous court-martial verdict, despite the Supreme Court decision in Ramos v. Louisiana.

That means we must now wait until the issue gets presented to the Supreme Court for a final ruling on the issue. It can take time for the Supreme Court to decide to take on an issue. That was our experience as appellate military defense counsel in United States v. Weiss, 36 M.J.224 (C.M.A. 1992) aff’d Weiss v. United States. 510 U.S. 163 (1994). So,

Another contribution to the discussion of a commander’s authority

July 6, 2020 | The Law Office of Philip D. Cave

Here is a link to Dave Schlueter and Lisa Schenk’s White Paper

AMERICAN MILITARY JUSTICE: RETAINING THE COMMANDER’S AUTHORITY TO ENFORCE DISCIPLINE AND JUSTICE.

[https://www.court-martial-ucmj.com/white-paper-on-military-justice-reforms-2020-w-app/]

UCMJ and MCM changes coming

July 2, 2017 | The Law Office of Philip D. Cave

The DoD Joint Service Committee on Military Justice has some new “publications” on its website. But more importantly, there are a number of proposed changes not yet on their site (but which are available on CAAFLog).

A draft Executive Order indicating an effective date for the MJA of January 1, 2019.
Annex 1 to the draft Executive Order, making changes effective immediately once the Order is signed. Of note, are changes to regulate the sealing of all or parts of the record, changes to MRE 311, which adds, “that the evidence was obtained by officials in objectively reasonable reliance on a statute or on binding precedent later held violative of the Fourth Amendment[.]” And,

For your calendar

December 15, 2014 | The Law Office of Philip D. Cave

At the 2015 Innocence Summit, the nation’s leading prosecutors, researchers, defense attorneys, citizen activists, exonerees, and others will come together to debate how the Innocence Movement can overcome old obstacles and achieve new successes.

Theme: Forging Best Practices for Innocence Reform

Why: Because our criminal justice system needs to apply evidence-based best practices in order to stop wrongful convictions and restore the presumption of innocence

Prosecutorial error and best practices

October 29, 2014 | The Law Office of Philip D. Cave

It’s never too early to plan for interesting upcoming events. So, you ought to set-aside 12-13 June 2015, especially if you will be in the Arlington, VA area on those days.

The Center for Prosecutorial Integrity will have its Second Innocence Summit.

Proceedings will take place at the Crowne Plaza Hotel, Washington National Airport, 1480 Crystal City Drive, Arlington, VA 22202.