Court-Martial Trial Practice

McElhaney on evidence.

The Dirty Dozen:  12 Ways to Write a Really Bad Brief.

Here is CAAF’s journal entry for United States v. Prince.

No. 11-6003/AR. U.S. v. Michael A. PRINCE. CCA 20100939. On further consideration of the certified issue, 69 M.J. 499 (C.A.A.F. 2011), the briefs of the parties, and oral argument, we note that when acting on interlocutory appeals under Article 62, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 862 (2006), we may only act with respect to matters of law. United States v. Cossio, 64 M.J. 254, 256 (C.A.A.F. 2007); Article 67(c), UCMJ. To overturn a military judge’s evidentiary ruling on appeal, there must be a showing that the challenged ruling was an abuse of discretion. United Statesv. Taylor , 53 M.J. 195, 199 (C.A.A.F. 2000). In view of the evidence of record, the military judge did not err as a matter of law. Accordingly, the certified issue is answered in the negative and the decision of the United States Army Court of Criminal Appeals is affirmed.

ACCA had said:

Stars & Stripes reports:  Six crewmembers from the USS Patriot face administrative separation from the Navy after they were found guilty of hazing during Captain’s Mast, Navy officials said Friday.

AP reports:  The Air Force has discharged an airman under the law banning gays from serving openly in the military, the first firing since President Barack Obama signed legislation aimed at ending the ban.

You will recollect the Velasquez case.  The issues of VWAP and ultimately a number of Navy JA’s getting fired.  Stars & Stripes reports:  A former Navy doctor convicted of wrongful sexual contact with patients in Japan and Kuwait had his medical license revoked by the issuing state of California on May 26, according to public records.

United States v. Marsh.

This was a case where the appellant was complaining about the TC’s argument on sentencing:  an improper comment on his right to make an unsworn statement, and inflammatory comments.  CAAF holds no improper comment on the unsworn, but there was improper inflammatory comment by the TC.

Marsh argues that the trial counsel unduly inflamed the passions of the court members on two grounds: his conviction for false official statement bears no relevance to his duty or ability to repair aircraft; and, the trial counsel invited the court members to put themselves in an aircraft repaired by Marsh and then instilled fear that the aircraft would crash.

http://www.cbsnews.com/video/watch/?id=2579115n

http://www.cbsnews.com/video/watch/?id=2579115n

Navy Times reports:  The executive officer of the Norfolk-based carrier Dwight D. Eisenhower was “temporarily reassigned” to staff duty last week pending the results of an ongoing investigation, Naval Air Force Atlantic confirmed Wednesday.

jumping out of a perfectly good and operating airplane.

Florida Wires reports (and it’s on FB to some of us) that:

Sentencing for an Army sergeant convicted of murder has been delayed by a military judge after the lead defense attorney in the case suffered injuries in a skydiving accident.

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.