Court-Martial Trial Practice

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.

In United States v. Hall, the AFCCA ordered the release of the appellant based on CAAF’s resolution of the issues in United States v. Beaty, 70 M.J. 39 (C.A.A.F. 2011).

United States v. Hohman was decided today.  This is another USMC case where the military counsel was “severed” due to a release from active duty.  Without a sufficient showing of prejudice CAAF affirms NMCCA.  NMCCA held that the MJ erred in his abatement order.

Here’s a link to Hohman at NMCCA.

with thanks to concurringopinions:

Robert M. Chesney, Who May Be Held? Military Detention Through the Habeas Lens, 52 B.C. L. Rev. 769 (2011) [PDF], 52:3 B. C. L. REV. 769 (2011).

Here are Dwight “My Liege” Sullivan’s summary of the military death penalty since 1984.

Under the current military death penalty system, which President Reagan promulgated in January 1984, there have been 52 known capital courts-martial resulting in 16 adjudged death sentences, for a 30.8% death sentencing rate.  (Convening authorities commuted two of the adjudged death sentences and appellate courts reversed eight of the approved death sentences.)

Here’s a breakdown by branch:

Making Padilla Practical: Defense Counsel and Collateral Consequences at Guilty Plea

Gabriel J. Chin

University of Arizona James E. Rogers College of Law; University of Arizona School of Government and Public Policy