Court-Martial Trial Practice

Army Times reports:  An investigation into the command climate of 67th Battlefield Surveillance Brigade blasted the former commander as a “bullying leader” whose command triggered at least two congressional inquiries.

Reuters reports:  SSG Bram was sentenced to five years.  It took the members 90 minutes to reach findings and one hour to decide a sentence.  It’s always hard to guess what’s going on in deliberations in terms of “how long will they take,” but this seems pretty quick.

Marine Corps Times is drawing attention to the “Occupy[ers].”

We have all had to deal with the test:  is it harmless error, is it . . . .?  When it comes to evidence and argument we have some other tests:  straight faced, no s#$@, we are the government therefore it’s admissible, etc.  Well Professor McElhaney has given us a new one:  the “Giggle test.”  Makes a lot of sense.

As reported in the ABA Journal online.

Navy Times reports:  The commanding officer of the patrol boat Anacapa was fired Monday over a loss of confidence in his ability to command, according to a Coast Guard press release.

The News Tribune reports:  Staff Sgt. David Bram’s court-martial is wrapping up today with sparring over whether key Army witnesses exaggerated his misconduct to win better terms in their plea deals.

ROK Drop reports court-martial results.

No. 11-0675/AR. U.S. v. Cassandra M. RILEY. CCA 20100084. Review granted on the following issues:

I. Fosler . . ..

II. WHETHER APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL WHEN HER TRIAL DEFENSE COUNSEL FAILED TO INFORM HER THAT SHE WOULD HAVE TO REGISTER AS A SEX OFFENDER AFTER PLEADING GUILTY.

Military.com has an interesting piece about military justice at Fort Carson.

Fort Carson Policy Targeted Troubled, Wounded GIs . . .

Civilian defense lawyers and advocates for troops say stories like Smith’s have become increasingly common at Fort Carson. The trend has its genesis in an email that the top military prosecutor on post sent to nearly two dozen colleagues in August 2009 in which he bemoaned how hard it could be to kick wounded or sick Soldiers out of the Army for misconduct.

In United States v.  Caldwell, NMCCA has set-aside a plea to larceny and to intentional self-injury; but affirmed the sentence on the remaining charges.  Judge Beal concurred only in the approval of the sentence.

Marriott and Sullivan, Opening to Win: Seven tips for delivering an effective opening statement, New York L. J.

Here is a link to the current DOJ Manual on search and seizure of electronic evidence in criminal investigations.  I (and others) have used this several times in the past to contrast military law enforcement actions.

I recently completed a trial in which various statements (of the client) were admitted, over objection, under Mil. R. Evid. 801(d)(2)(B): these were statements of a husband and the client.  The husband’s statements weren’t admitted.  Interestingly Professor Colin Miller has a series of posts on his blog about “adoptive admissions.”

Adoption Stories: Can A Husband’s Admission Of An Affair Be Used As An Adoptive Admission Against His Wife? – who is then prosecuted for killing the girlfriend.

Adoption Stories, Take 2: Why I Think There Should Be A Personal Knowledge Requirement For Adoptive Admissions

Las Cruces Sun News reports:  A colonel described by friendly witnesses as "old Army" listened during his court-martial on Tuesday as women testified he had sexually harassed them in 2010 while commanding a combat hospital in Afghanistan.  The El Paso Times reports:  a sentence of three month confinement and a fine of $30,000.00 (to be paid over three months?).

Army Times reports that Gibbs receives life with opportunity for parole.

Marine Corps Times reports:  that a Marine who was found dead in his Camp Pendleton barracks was beaten to death by another Marine.  [T]he suspect then jumped from a third-floor balcony and received significant injuries. He’s expected to recover.