Court-Martial Trial Practice Blog

An interesting Indiana case on 410

May 20, 2010 | The Law Office of Philip D. Cave

Somewhat similar to its federal counterpart, Indiana Rule of Evidence 410 provides in relevant part that

Evidence of a plea of guilty or admission of the charge which was later withdrawn, or a plea of nolo contendere, or of an offer so to plead to the crime charged or any other crime, or of statements made in connection with any of the foregoing withdrawn pleas or offers, is not admissible in any civil or criminal action, case or proceeding against the person who made the plea or offer.

Failure to report

May 19, 2010 | The Law Office of Philip D. Cave

In United States v. Serianne, the CAAF affirmed an NMCCA decision that a Navy order to report civilian DWI/DUI convictions was unlawful and not enforceable at court-martial.

Navy Times reports:

The Navy’s self-reporting requirement for drunken driving arrests will fundamentally change as a result of a recent military court ruling, the Navy’s top lawyer said.

NMCCA on Quintanilla

May 19, 2010 | The Law Office of Philip D. Cave

NMCCA denied Quintanilla’s petition

in which he sought to have the court overturn the ruling of the military judge at his sentencing rehearing to the effect that Life Without Parole (LWOP) is not an authorized
sentence in his case. Alternatively, the petitioner requested that this court direct the military judge to grant the petitioner’s motion allowing him to waive his right to clemency and parole following sentence, so that he can more easily reach a pretrial agreement with the convening authority.

Proverbs 18-17

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

The King James (UK) version of Proverbs 18-17 says: He that is first in his own cause seemeth just; but his neighbour cometh and searcheth him.

The King James (Am.) version says: He that is first in his own cause seems just; but his neighbor comes and searches him.

The New Living Testament (2007) says: The first to speak in court sounds right–until the cross-examination begins.

Up periscope WE 160510

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

The Guardian, at guardian.co.uk reports that:

An Afghan prosecutor has issued an arrest warrant for an American special forces commander over allegations that a police chief was murdered by a US-trained militia.

He accused American officials of refusing to hand over evidence or to permit his investigators to interview the special forces commander, known to Afghans only as "John or Johnny", who he alleges sanctioned the raid.

Humor in uniform lawyering

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

The accused is charged with indecent assault on a complaining witness and rape on another complaining witness.

Member: Sir I’m the unit victim advocate. Individual voir dire continues blah, blah, blah.

Def: The defense objects on implied bias and liberal grant mandate.

Collateral consequences

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

Military.com reports that:

Both the Montgomery and Post 9/11 GI Bills are worth over $49,000. This money is not a loan and will help you cover the costs of getting a degree. Full-time students receive up to $1,368 a month no matter how much tuition costs. The Post 9/11 GI Bill may even give you a monthly housing stipend of $1,200.

Death penalty case update

May 15, 2010 | The Law Office of Philip D. Cave

Press Republican reports that:

Cannon fire will permeate the air over the PARC museum campus this weekend as forces from the Union and Confederate armies collide on the open fields.

The Clinton County Historical Association will host the third-annual Plattsburgh Civil War Encampment, with two battles between the Blue and Gray scheduled for today and another slated for Sunday.

Up periscope

May 15, 2010 | The Law Office of Philip D. Cave

Pilot Online reports that:

For years, the top officer in the Virginia National Guard has had a paid position with a business run by one of his subordinate officers.

Newman promoted Bonanni to the assistant adjutant general’s post in 2008 while collecting a paycheck from his company.

Sex offender registration (updated)

May 13, 2010 | The Law Office of Philip D. Cave

There’s been lots of litigation about SORNA. But now, courtesy of Sentencing Law & Policy we learn that DOJ has some recommendations for amending SORNA.

You will be interested to know that this morning the U.S. Department of Justice issued proposed supplemental guidelines modifying several requirements for compliance with SORNA. Many address concerns raised by the states and other stakeholders. They do the following:

Gives jurisdictions discretion to exempt juvenile offenders from public website posting

Provides information concerning the review process for determining that jurisdictions have substantially implemented

Gives jurisdictions discretion to modify the retroactive registration requirement to apply to new felony convictions only

Provides mechanisms for newly recognized tribes to elect whether to become SORNA registration jurisdictions and to implement SORNA

Expands required registration information to include the forms signed by sex offenders acknowledging that they were advised of their registration obligations

Requires jurisdictions to exempt sex offenders’ e-mail addresses and other Internet identifiers from public website posting

Requires jurisdictions to have sex offenders report international travel 21 days in advance

Clarifies mechanism for interjurisdictional information sharing and tracking.

(update) Here is a link to the 14 May 2010 entry in the Federal Register.