Court-Martial Trial Practice Blog

LTC Lakin

December 7, 2010 | The Law Office of Philip D. Cave

You will know that Neal Puckett was on the Peter Boyles radio show yesterday. The show continued today with Gen Valleley as the guest. This was (is?) a defense witness whose presence was litigated at the Article 39(a), UCMJ, session.

According to Gen Valleley the court-martial process is corrupt, Military Judge Lind and the generals above her should be court-martialed for allowing the corruption. He describes Military Judge Lind as the “Kangaroo court judge,” in this “kangaroo court.”

Apparently he’s trying to “light a fire” under the current defense team to go full NBC.

MAJ Hasan sitrep

December 6, 2010 | The Law Office of Philip D. Cave

Army Times reports:

The Army psychiatrist charged in last year’s deadly Fort Hood shooting rampage is to have a mental evaluation this week, his attorney said Monday.

Maj. Nidal Hasan will be evaluated in the county jail near the Texas Army post as early as Tuesday by a three-member military mental health panel, said his lead attorney, John Galligan.

Humor in military lawyering

December 6, 2010 | The Law Office of Philip D. Cave

The Columbian reports:

Some people were taking the job of soldiering a bit casually on Dec. 6, 1941, says a Washougal veteran of World War II.

It took one day to change everything.

Discovery, anew

December 5, 2010 | The Law Office of Philip D. Cave

I posted the other day about discovery, the appellate courts are seeing a number of cases about discovery issues. ACCA hears oral argument in the Behenna case which presents the question of trial counsel’s failure to comply with Brady/Bagley/Giglio/Article 46 in the context of a motion for mistrial and a motion for new trial. As I have noted before, the biggest discovery issues are impeachment evidence and evidence that is favorable to the accused. Trial counsel don’t seem to have much problem disclosing all the bad stuff against the client, it is the good stuff favorable to the client that becomes the issue.

In the Behenna case the defense was semi fortunate.

[Tip? if a prosecution witness is suddenly no longer a witness, call them and ask why.]

In the court of adverse administrative actions

December 5, 2010 | The Law Office of Philip D. Cave

Not completely off topic, the Army Times reports:

Soldiers are dangerously starving themselves, gobbling diet pills and laxatives — even going under the knife in costly liposuction surgery — all to meet the Army’s weight standards and avoid losing their careers.

Up periscope

December 5, 2010 | The Law Office of Philip D. Cave

Military.com reports:

A Navy intelligence specialist stationed at Fort Bragg is in custody after an investigation revealed he allegedly sold top secret documents to an undercover FBI agent posing as a foreign intelligence officer.

Apparently there were two meetings at which approximately four documents were handed over in exchange for a total of $3,000.00.

Pardon update

December 4, 2010 | The Law Office of Philip D. Cave

Edgar Leopold Kranz.

I have not received an answer to my email on his Facebook page. But a number of newspapers are reporting that (now) Master Sergeant Kranz was stationed at Minot AB. He was promoted t MSgt in 2006. Air Force Times is reporting he retired in March 2010.

Discovery

December 4, 2010 | The Law Office of Philip D. Cave

I have always taken the view that disclosure of bad information about witnesses is a self-executing duty on trial counsel. I make this point because trial counsel often refuse to look into the background of it’s witnesses until the MJ orders that.

The military judge properly concluded the government “had an obligation to provide that CID report of investigation to the [d]efense, even absent a discovery request of any kind.” and thus violated its disclosure duties under the United States Constitution and the UCMJ.See UCMJ art. 46; Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963); United States v. Roberts, 59 M.J. 323 (C.A.A.F. 2004); R.C.M. 701.

I think ACCA agrees.

Don’t try this in the military

December 4, 2010 | The Law Office of Philip D. Cave

They will get you under Article 134, UCMJ.

Appeals Court Frees Ex-Principal: Panel rules that altered photos were not child pornography because the nude bodies were those of an adult.

A three-judge panel of the Second District Court of Appeal in Lakeland ruled Friday that photographs he had were not child pornography because the nude bodies shown were those of an adult.

Clemency and parole

December 4, 2010 | The Law Office of Philip D. Cave

PTA provisions depriving an appellant of parole and clemency consideration under generally applicable procedures are unenforceable under R.C.M. 705(c)(1)(B). United States v. Tate, 64 M.J. 269, 272 (C.A.A.F. 2007).