Court-Martial Trial Practice Blog

Defenses to a Crime

January 20, 2009 | The Law Office of Philip D. Cave

Military personnel who suffer severe or moderate traumatic brain injury

(TBI) face an increased risk for developing several long-term health

problems, says a new report from the Institute of Medicine that

More on Interrogations

January 20, 2009 | The Law Office of Philip D. Cave

On 3 February, the Court of Appeals for the Armed Forces will hear oral argument in United States v. Delarosa, No. 08-0390/NA [2008 CCA LEXIS 4, N.M. Ct. Crim. App. January 10, 2008)(unpub. opinion)]. The pending C.A.A.F. argument is somewhat interesting in light of the pending Supreme Court argument in Kansas v. Ventris, which we looked at the other day.

Whether there is a violation of Miranda by approaching an individual after invoking his rights depends on which right was invoked, who initiates communication, the subject matter of the communication, when the communication takes place, where the communication takes place, and the time between invocation of the right and the second interview.

United States v. Watkins, 34 M.J. at 345.

Post-trial Counseling to the Client

January 20, 2009 | The Law Office of Philip D. Cave

The judge raps the gavel and announces that, "this court is

adjourned." Now what? That happened to Gunnery Sergeant Rodriguez years

ago.

Sex Offender Registration (more)

January 20, 2009 | The Law Office of Philip D. Cave

Professor Yung reports that: The Fourth Circuit Got it Right.

(The U.S. Fourth Circuit is considered one of the more conservative of

the Circuit Court's of Appeal.) There has been some litigation over the

Crawford & Expert Testimony

January 20, 2009 | The Law Office of Philip D. Cave

In April we posted about Crawford and expert testimony,

and we've blogged about other confrontation issues. A commenter has

brought some helpful information to our attention, and now yours.

Trial Counsel Argument — A Judge’s Duty

January 20, 2009 | The Law Office of Philip D. Cave

C.A.A.F.’s decision in United States v. Burton, __ M.J. ___, No. 07-0848/AF (C.A.A.F. Jan. 15, 2009), leads to consideration of arguments on findings. [and for the curious, United States v. Burton, No. ACM 36296 (A.F. Ct. Crim. App. July 16, 2007) (unpublished).]

The general principle on argument at trial is that:

Counsel should limit their arguments to “the evidence of record, as well as all reasonable inferences fairly derived from such evidence.” United States v. Baer, 53 M.J. 235, 237 (C.A.A.F. 2000), (emphasis added).