Uncategorized Category Archives — Page 46 of 112 — Court-Martial Trial Practice Blog Published by International Military Lawyer

CAAF publishes Hutchins

January 11, 2011 | The Law Office of Philip D. Cave

United States v. Hutchins.

Chief Judge Effron writes for a unanimous court.

The Judge Advocate General of the Navy certified the case to this Court for review of the following issues:
I. WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED IN FINDING, INTER ALIA, THAT THE MILITARY JUDGE SEVERED THE ATTORNEY-CLIENT RELATIONSHIP WITH CAPTAIN BASS?
II. WHETHER UNDER R.C.M. 505(d)(2)(B), THE NAVYMARINE CORPS COURT INCORRECTLY FOUND NO “GOOD CAUSE” ON THE RECORD FOR THE REPLACEMENT OF APPELLANT’S SECOND DETAILED DEFENSE COUNSEL WITH ANOTHER COUNSEL?
III. WHETHER THE LOWER COURT APPLIED THE WRONG STANDARD AND ERRONEOUSLY PRESUMED, WITHOUT ASSESSING, PREJUDICE AND SET ASIDE THE FINDINGS AND SENTENCE, WHERE APPELL[EE]’S STATUTORY RIGHTS, AND CONSTITUTIONAL RIGHT
TO EFFECTIVE ASSISTANCE OF COUNSEL, WERE SATISFIED THROUGH TRIAL?

New Mexico brief-Bullcoming

January 11, 2011 | The Law Office of Philip D. Cave

Prof. Friedman links to the respondents’s brief in Bullcoming v. New Mexico.

Two Supremes grants

January 10, 2011 | The Law Office of Philip D. Cave

Two Supreme Court grants of certiorari should be of interest to MJ practitioners. Here are links to SCOTUSBLog for the case materials.

Missouri v. Frye

Issue: Can a defendant who validly pleads guilty assert a claim of ineffective assistance of counsel by alleging that, but for counsel’s error in failing to communicate a plea offer, he would have pleaded guilty with more favorable terms? What remedy, if any, should be provided for ineffective assistance of counsel during plea bargain negotiations if the defendant was later convicted and sentenced pursuant to constitutionally adequate procedures?

Post-trial duties

January 9, 2011 | The Law Office of Philip D. Cave

NMCCA has decided United States v. Owens.

The appellant asserts that the attorney-client relationship with his detailed trial defense counsel was terminated without good cause, leaving the appellant legally and factually without post-trial representation. The basis for the appellant’s claim is that substitute counsel failed to establish an attorney-client relationship with the appellant prior to receipt of the staff judge advocate’s recommendation (SJAR).

The court makes clear in footnote 3, that:

LTC Lakin

December 16, 2010 | The Law Office of Philip D. Cave

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Thanks to safeguardourconstitution

LTC Lakin sitrep

December 14, 2010 | The Law Office of Philip D. Cave

We finished around 1700 with the last government witness. Looks like the government will rest in the AM.

Dwight will be blogging a little later and we’ll be on RealityCheck radio at 2100.

Remember this phrase, “You have had your chance.”

LTC Lakin sitrep

December 10, 2010 | The Law Office of Philip D. Cave

LtGen McInerney predicats that the Republican Congress will investigate the case if LTC Lakin is convicted.

More at Wild Nut Daily.

LTC Lakin

December 10, 2010 | The Law Office of Philip D. Cave

There is an increasing disconnect between the “birther” movement and LTC Lakin’s case. Hopefully that “wishy washy” attorney representing him will make that clear when pleading for mercy.

The Post&Email has been following LTC Lakin and most of the other presidential eligibility cases. Recently they ran a piece about some “demonstrations” in Arizona in favor of Congress stepping in to stop the court-martial. A recent comment had this to say which may qualify for a humor in military justice posting.

I very much hope that Miss Taitz is going to attend and somehow convinces LTC Lakin to fire that wishy washy attorney Neal Puckett and let her take over the case. I have listened to Puckett on a couple of radio shows and he is already giving up and saying Lakin will be found guilty. He will not even say that Obama is not eligible. Why Lakin hooked up with this loser I will never know. He must be getting bad advice from Ms Hemenway or Gen. Vallalley.

Behenna and more

December 10, 2010 | The Law Office of Philip D. Cave

In September 2010, USA Today published the first of several articles about prosecutorial misconduct. In that article they discussed Nino Lyons who was convicted in a case where the prosecutors:

covered up evidence that could have discredited many of Lyons’ accusers. They never revealed that a convict who claimed to have purchased hundreds of pounds of cocaine from Lyons struggled even to identify his photograph. And they hid the fact that prosecutors had promised to let others out of prison early in exchange for their cooperation.

As we’ve discussed both types of information must be disclosed.

LTC Lakin

December 9, 2010 | The Law Office of Philip D. Cave

There’s a second part which I’m having a little trouble uploading right now. So, go to the YouTube and it should follow on from there.

Note that in the second part Neal is soliciting funds NOT for Lakin’s defense, but for his life after the military.