Court-Martial Trial Practice Blog

LimeWire expertise

November 5, 2009 | The Law Office of Philip D. Cave

FederalEvidence blog has a good post on United States v. Caldwell, __ F. 3d ___ (5th Cir. October 26, 2009).

For those of us doing a lot of CP cases – LimeWire, one of several peer-to-peer file sharing programs, is increasingly found to be the method by which CP is received or transmitted. Typically the prosecution calls a forensic computer examiner as an expert witness (although I notice the Navy is trying to short-circuit this by calling the duty NCIS agent to testify about computers). Anyway, FEB notes the difficulty courts are having in deciding whether testimony about computers and/or software falls within [Mil. ]R. Evid. 701 (lay) or 702 (expert).

[T]he line between lay and expert testimony is very hard to discern. A closer question would have been raised in the case if an objection had been made at trial and review was under the less deferential abuse of discretion standard. The issue of lay versus expert testimony arises in other contexts, including on computer forensic testimony, as noted in these prior posts: Drawing The Line On Computer Forensic Expert And Lay Testimony (Part I); Drawing The Line On Computer Forensic Expert And Lay Testimony (Part II).

More to Victor Grossman

November 5, 2009 | The Law Office of Philip D. Cave

I posted earlier about Victor Grossman and his AWOL from the Army and defection.

Here is a link to a book review of his autobiography, Victor Grossman (Stephen Wechsler), Crossing the River: A Memoir of the American Left, the Cold War, and Life in East Germany(Amherst and Boston: University of Massachusetts Press, 2003).

And NPR’s Emily Harris reports on an American expatriate living in Germany.

Or you might be interested in Brown University’s, “From the Ivy League to the Berlin Wall: A Harvard Man’s 50 Years in East Germany’ with Victor Grossman, journalist.” Cosponsored by the Department of German Studies and the European Politics Seminar Series.

Photo: TL

CGCCA issues two decisions

November 4, 2009 | The Law Office of Philip D. Cave

United States v. Garcia. This case deals with the ongoing perplexing issue in Coast Guard (and Air Force) cases where recorded Article 32’s are not done and where the defense is prohibited from making their own recording. A secondary issue was a removal of defense counsel without the client’s consent.

CGCCA found no constitutional violation in denying the defense from making a recording. However, and here’s the lesson:

This is not to say that the convening authority did not abuse his discretion in denying the defense request to be permitted to tape-record the proceedings and provide tapes to the government. We do not reach that question.

Navy bottom-blow 2009 results

November 4, 2009 | The Law Office of Philip D. Cave

There have been a number of bottom-blows in the Navy, going back to at least 1981, which is the first I remember. Basically the Navy decides that they want to get rid of the bottom x% of poor performing Sailors.

Stars & Stripes reports:

More than 150 senior enlisted sailors are being separated after the Navy wrapped up its first continuation board last month, according to the Navy.

Navy doctor undergoing prosecution for sexual offenses

November 4, 2009 | The Law Office of Philip D. Cave

Stars & Stripes reports:

A Navy doctor faces 24 counts of wrongful sexual contact and is accused of assaulting at least 15 patients he treated in Japan and Kuwait since 2007.

NMCCA issues 13 decisions today

November 4, 2009 | The Law Office of Philip D. Cave

All are straight legal denials on the merits.

More on the Italian prosecution on a USAF colonel

November 4, 2009 | The Law Office of Philip D. Cave

You’ll recollect a while ago I posted about USAF Demands Italy Lay Off Colonel in CIA Milan Caper

Here is an update from the Washington Post. Apparently the Italians didn’t put much stock in the U.S. arguments. The lieutenant colonel along with 22 others has been convicted.

An Italian court on Wednesday convicted 22 CIA operatives and a U.S. Air Force colonel of orchestrating the kidnapping of a Muslim cleric in Milan in 2003 and flying him to Egypt, where he said he was later tortured.

Davis-Mothan court continues

November 4, 2009 | The Law Office of Philip D. Cave

The Arizona Star net reports:

Air Force personnel "scattered like cockroaches" when deputies were called to a rowdy house party on Tucson’s south side that left one airman dead and another accused of his murder, a military jury heard Tuesday.

Reservist stalker – not a la Sherlock Holmes

November 4, 2009 | The Law Office of Philip D. Cave

Military.com reports:

Prosecutors brought felony charges Monday against an Army reservist who allegedly stalked Ryan Seacrest, including showing up at the "American Idol" host’s studio and attacking one of his bodyguards.

Uzomah is a sergeant in the U.S. Army Reserve and serves as a combat medic[.]

UP: Coastie O-5 in serious trouble

November 4, 2009 | The Law Office of Philip D. Cave

Navy Times reports:

A senior Coast Guard official was charged Tuesday with multiple offenses, including sodomy, indecent acts and conduct unbecoming of an officer and gentleman.

Newsminer.com reports:

He is accused of sexual improprieties involving multiple women – some identified as enlisted Coast Guard personnel – in numerous locations around Alaska and the Lower 48.
The alleged offenses also include fraud, adultery, indecent language and soliciting another to commit an offense. The allegations cover a period between November 2004 and shortly before Hamilton was relieved of his duties as the Coast Guard’s commander for the Anchorage sector in May.

File/KTUU-DT

Alaska 2KTUU.com reports:

Hamilton was charged with six specifications of failure to obey a lawful general order; two specifications of false official statements; two specifications of indecent acts; three specifications of sodomy; one specification of fraud against the United States; eight specifications of conduct unbecoming an officer and gentleman; two specifications of fraternization; three specifications of adultery; one specification of indecent language; and three specifications of soliciting another to commit an offense[.]