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.
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.
Huuuuuum. Federalevidence.com brings us United States v. Fields, _ F.3d _ (1st Cir. Nov. 2, 2011) (No. 09-1108) (per curiam).
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Air Force Times has a piece on the current litigation of Col Mo Davis and his lawsuit over his firing from the Library of Congress.
Politics Wires has a piece on United States v. Fry to be argued this week at CAAF.
Peninsula Daily reports: Coast Guard helicopter co-pilot who was the only survivor of a July 7, 2010, crash that killed three crewmen off the Washington state coast at LaPush will be questioned Dec. 7 in a public, trial-like setting: a U.S. Code of Military Justice Article 32 hearing.
Navy Times reports: The former officer of the destroyer Momsen, fired in April for what the Navy said was misconduct, will serve a 42-month [of a ten year] sentence and be dismissed from the service. Cmdr. Jay Wylie pleaded guilty Friday to charges of rape and sexual assault, and said that he attacked an enlisted woman and a female officer within the past year in separate incidents, both fueled by alcohol. The 19-year veteran pleaded guilty to one count of rape, three counts of aggravated sexual assault and contact, and three counts of conduct unbecoming an officer. He pleaded not guilty to the remaining charges, which were dismissed under a pretrial agreement.
Lyle Denniston at SCOTUSBlog has a preview of Perry v. New Hampshire.
At 10 a.m. next Wednesday, the Supreme Court will hear one hour of oral argument on a case seeking clarification of when trial courts must exclude the testimony of an eyewitness to a crime because the testimony was unreliable. In the case of Perry v. New Hampshire (10-8974), arguing for Barion Perry of Nashua, N.H., will be Richard Guerriero, a public defender in Concord, N.H. Representing the state will be its Attorney General, Michael A. Delaney of Concord, with 20 minutes of time. Supporting New Hampshire, for the federal government as an amicus, with ten minutes of time, will be Nicole A. Saharsky, an assistant to the U.S. Solicitor General.
United States v. Rhodes, 42 M.J. 287 (C.A.A.F. 1995), seems to be ‘the’ military case.
The Voice of America reports: A military court in the western U.S. state of Washington is set to try Calvin Gibbs, an American soldier accused of masterminding the brutal killings of Afghan civilians last year. Gibbs’ court martial is set to get under way on Friday.
What I find interesting from a radio program intended to extol American justice as part of its mission is:
In the months leading up to his court martial, U.S. Army Staff Sergeant Calvin Gibbs has refused to cooperate with military investigators.
Court-Martial Trial Practice Blog
