Court-Martial Trial Practice Blog

Blazier trail

January 1, 2011 | The Law Office of Philip D. Cave

You may be familiar with the quote:

In every case involving [state your poison], we are confronted with relativity and the degree to which such conduct may have affected the substantial rights of the defendant. It is better to follow the rules than to try to undo what has been done. Otherwise stated, one ‘Cannot unring a bell’; ‘after the thrust of the saber it is difficult to say forget the wound’; and finally, ‘if you throw a skunk into the jury box, you can’t instruct the jury not to smell it’. Dunn v. United States, 307 F.2d 883, 886 (5th Cir. 1962)(emphasis added).

And you may be familiar with this research.

CAAF decides Stefan

December 29, 2010 | The Law Office of Philip D. Cave

United States v. Stefan is a 5-0 opinion written by Judge Stucky. In a nutshell:

We granted review to determine whether the chief of military justice was disqualified from preparing the addendum to the staff judge advocate’s recommendation (SJAR) because, before trial, she had caused the charges to be served on the accused. We hold that she was disqualified under Article 6(c), Uniform
Code of Military Justice (UCMJ), 10 U.S.C. § 806(c) (2006), and Rule for Courts-Martial (R.C.M.) 1106(b), but Appellant was not prejudiced.

CAAF

December 29, 2010 | The Law Office of Philip D. Cave

I object!

December 25, 2010 | The Law Office of Philip D. Cave

Waive it or raise it at work – and at a court-martial under the UCMJ.

Judge Ed Carnes for the Eleventh Circuit in United States v. Rodriguez, No. 08-16696, Dec. 22, 2010:

This case poses the question of whether there is a vindictive judge or cowardly counsel exception to the contemporaneous objection rule. Unless there is such an exception, the only issue that the appellant is pressing on appeal is barred for failure to object because she cannot meet the requirements of the plain error rule. Disagreeing with the Second Circuit, we hold that the possibility a judge may be unhappy with an objection does not excuse the failure to make it.

MAJ Hasan sitrep

December 25, 2010 | The Law Office of Philip D. Cave

Attorney John Galligan reports that he continues to be stonewalled on access to a security clearance and discovery.

Now what?

December 17, 2010 | The Law Office of Philip D. Cave

What to do, what to do, Lakin is done.

Navy Times reports:

The top sailor at a Jacksonville, Fla.-based P-3 squadron was fired Wednesday as the result of an ongoing investigation into allegations of an improper command climate, Naval Air Force Atlantic said.

LTC Lakin

December 16, 2010 | The Law Office of Philip D. Cave

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Thanks to safeguardourconstitution

LTC Lakin sitrep

December 14, 2010 | The Law Office of Philip D. Cave

We finished around 1700 with the last government witness. Looks like the government will rest in the AM.

Dwight will be blogging a little later and we’ll be on RealityCheck radio at 2100.

Remember this phrase, “You have had your chance.”

LTC Lakin sitrep

December 10, 2010 | The Law Office of Philip D. Cave

LtGen McInerney predicats that the Republican Congress will investigate the case if LTC Lakin is convicted.

More at Wild Nut Daily.

LTC Lakin

December 10, 2010 | The Law Office of Philip D. Cave

There is an increasing disconnect between the “birther” movement and LTC Lakin’s case. Hopefully that “wishy washy” attorney representing him will make that clear when pleading for mercy.

The Post&Email has been following LTC Lakin and most of the other presidential eligibility cases. Recently they ran a piece about some “demonstrations” in Arizona in favor of Congress stepping in to stop the court-martial. A recent comment had this to say which may qualify for a humor in military justice posting.

I very much hope that Miss Taitz is going to attend and somehow convinces LTC Lakin to fire that wishy washy attorney Neal Puckett and let her take over the case. I have listened to Puckett on a couple of radio shows and he is already giving up and saying Lakin will be found guilty. He will not even say that Obama is not eligible. Why Lakin hooked up with this loser I will never know. He must be getting bad advice from Ms Hemenway or Gen. Vallalley.