Court-Martial Trial Practice

A Naval Academy midshipman is scheduled to be court-martialed Tuesday at the Navy Yard in Washington on theft and related charges, the school announced Friday. Midshipman 1st Class Julia Kaelberer, of Rialto, Calif., has accepted a plea agreement and will face charges of theft, unlawful entry, making false official statements and conduct unbecoming an officer, according to Judy Campbell, a spokeswoman for the Naval Academy. The academy did not release further details about the case.

Baltimore Sun, 25 April 2009.

I found this unusual.  You don’t normally here of this type of crime coming out of any of the service academies.

The US Marine acquitted on appeal in a high-profile rape case has left the Philippines, but he could face court martial in the US, officials said.

"Following the decision of the Philippine Court of Appeals, Daniel Smith departed the Philippines under the authority of United States military officials," the US embassy said in a statement.

Calling the rape case "long and difficult," the US embassy said Smith was detained for more than three years in its premises in compliance with the Visiting Forces Agreement, which governs the conduct of US troops in the Philippines.

Prof. Colin Miller, Coming Out of the Closet: How Arizona v. Gant Could Lead to the Shrinking of the Scope of Searches Incident to Lawful Home Arrests, 24 April 2009.

At 08.20, 24 April 2009, CAPT Kevin J. Barry, USCG (Ret.) became an honor graduate of life. 

His death is a loss not just to his family and friends but to the military justice community as a whole.  Kevin worked hard and long as an advocate for his clients, for the system, and an advocate for changes in military justice.  He spoke with passion, with clarity, and with knowledge.  His views were not always accepted, but they are universally respected as is he as a person.  Kevin practiced the profession of law, not the business.

For many of us he was a mentor, an inspiration, and a good friend in our professional lives.  For some of us his inspiration and courage went well beyond that into our personal lives.  Watching and listening to him in his struggles against cancer gave others hope and the will to fight their own struggles.

One of the most potentially influential Supreme Court decisions for trial practitioners is still pending a decision – Melendez-Diaz.  This is the issue of forensic reports as testimonial under Crawford.  The betting appears to be that it will be a mind-blower written by Justice Scalia.

On 6 April 2009, Professor Freidman, an amicus in the case, noted.

The Supreme Court completed its latest sitting today without deciding Melendez-Diaz v. Massachusetts. The long wait — the case was argued November 10 — suggests that something is brewing. Perhaps the Court is still debating the merits of the particular question presented, whether a forensic lab certificate reporting the presence of cocaine is testimonial. But I still think that should be an easy yes. Perhaps they are debating broader questions concerning the meaning of "testimonial." And perhaps they are debating yet more general questions of constitutional interpretation. April 21 is now the first date on which, barring something unusual, perhaps we will find out.