Court-Martial Trial Practice Blog

Autistic Marine case goes on.

July 22, 2009 | The Law Office of Philip D. Cave

Court martial set Monday for autistic Marine, plea bargain likely

A court martial is set for [this past] Monday at Camp Pendleton for a 21-year-old Marine from Orange County accused of desertion, possession of child pornography and fraudulent enlistment.

The case will likely end up in a plea bargain with the Marine admitting guilt to one or more charges in exchange for being released from the brig and discharged from the Marine Corps under something less than honorable conditions.

Like civilian justice, the court martial system encourages plea bargains to avoid trials, particularly in cases where the accused has already spent significant time in custody. Pvt. Joshua Fry has been in the brig since being arrested a year ago attempting to desert.

Loving, a comment.

July 21, 2009 | The Law Office of Philip D. Cave

Death and Pvt Loving, 20 Jul7 2009.

Benning JAG office arson.

July 18, 2009 | The Law Office of Philip D. Cave

Lily Gordon, Fort Benning hustles to adapt to JAG office loss – this past Monday, apparently due to arson, Ledger-enquirer.com, 17 July 2009.

No-one was injured.

This story appears in today’s Ledger-enquirer.com.

CLE

July 16, 2009 | The Law Office of Philip D. Cave

Dwight Sullivan at CAAFLog has posted this:

On 1 and 2 October, the Judge Advocate General of the Air Force will present a CLE conference at the George Mason School of Law in Arlington, Virginia. The program is open to active duty, reserve, and retired personnel, as well as to civilian attorneys. The program’s cost is $35, payable by 15 September. Requests for CLE credit should be submitted by 10 August.

Contact me for CLE credit information.

Supreme Court schedule

July 16, 2009 | The Law Office of Philip D. Cave

The October SCOTUS oral argument scheduled for October 2009 has been released. There are several cases of potential interest to military justice practitioners.

Maryland v. Shatzer (08-680) — limits on police questioning after a suspect asks for a lawyer.

U.S. v. Stevens (08-769) — government power to criminalize videos and other depictions of animal cruelty. This is of especial interest because of the recent military case of a soldier involved in animal cruelty and potential recommendations of the Cox Commission for a specific offense under the UCMJ for animal cruelty.

PTSD?

July 16, 2009 | The Law Office of Philip D. Cave

GI Slaying Suspects Faced Heavy Combat

July 15, 2009

Associated Press

FORT CARSON, Colorado – Soldiers from a Colorado unit accused in nearly a dozen slayings since returning home – including a couple gunned down as they put up a garage sale sign – could be showing a hostility fueled by intense combat in Iraq, the military said Wednesday.

New Reading from the ABA

July 16, 2009 | The Law Office of Philip D. Cave

(NEW RELEASE) Trial Tactics, Second Edition

A compilation of high profile criminal cases, practice tips, legal analyses, and cautions that prepares defense counsel, prosecutors and judges to do outstanding work at trial and assists them in ensuring that justice is done each day in every court throughout the land. The text provides excellent statutory, case law and inside advice by George Washington University Professor of Law Stephen Saltzburg. The 54-chapter book is broken down in seven parts: Basic Principles; Examination of Witnesses; Lay and Expert Opinion; Hearsay, Confrontation and Compulsory Process; Character Evidence; Summaries and Exhibits, and; Opening and Closing Arguments. Includes additional chapters in this Second Edition. (June 2009, 506 pages)

NEW RELEASEThe Privilege of Silence: Fifth Amendment Protections Against Self-Incrimination

McElhaney on Litigation

July 16, 2009 | The Law Office of Philip D. Cave

Jim McElhaney, The Arsenal of Persuasion: Make your closing argument a really good story, ABA Journal, July 2009 Issue.

Potential CLE

July 16, 2009 | The Law Office of Philip D. Cave

Scholars & Scribes Review the Rulings: The Supreme Court’s 2008-2009 Term

July 17, 2009, 10:00 a.m. – 1:00 p.m; Location: The Heritage Foundation’s Allison Auditorium.

Directions.

Today’s update on the Cook’s Tour.

July 16, 2009 | The Law Office of Philip D. Cave

News – Fort Benning

Thursday, Jul. 16, 2009

Retired general, lieutenant colonel join reservist’s lawsuit over Obama’s birth status; General, lieutenant colonel join suit similar to 2 already thrown out

By Lily Gordon – lgordon@ledger-enquirer.com

The government, in its response to the suit, claims that Cook’s suit is “moot” in that he already has been told he doesn’t have to go to Afghanistan, so the relief he is seeking has been granted.