Court-Martial Trial Practice Blog

No, sorry

June 17, 2017 | The Law Office of Philip D. Cave

The CAAF daily journal for 15 June 2017 has this entry: No. 17-0003/AR. U.S. v. Christopher B. Hukill. CCA 20140939. On consideration of Appellee’s petition for reconsideration of this Court’s decision, United States v. Hukill, 76 M.J. 219 (C.A.A.F. 2017), it is ordered that said petition for reconsideration be, and the same is, hereby denied.

To refresh.

CAAF decided the Army case of United States v. Hukill, 76 M.J. 219, No. 17-0003/AR (slip op.), on Tuesday, May 2, 2017. A short opinion reiterates the rationale of United States v. Hills, 75 M.J. 350 (C.A.A.F. Jun. 27, 2016) . “[T]he use of evidence of charged conduct as M.R.E. 413 propensity evidence for other charged conduct in the same case is error, regardless of the forum, the number of victims, or whether the events are connected.” Slip op. at 6. CAAF reverses the decision of the Army CCA that found Hills inapplicable in judge-alone trials, reverses the appellant’s convictions, and authorizes a rehearing.

Collateral consequences

June 16, 2017 | The Law Office of Philip D. Cave

Collateral Consequences of Criminal Conviction and Restoration of Rights: News, Commentary, and Tools

I am a fan of this website as a resource to find ways to argue on behalf of a client, just as I am a fan of restorative justice.

The CCRC is pleased to announce the launch of its Compilation of Federal Collateral Consequences (CFCC), a searchable online database of the restrictions and disqualifications imposed by federal statutes and regulations because of an individual’s criminal record. Included in the CFCC are laws authorizing or requiring criminal background checks as a condition of accessing specific federal benefits or opportunities.

And now for something completely different

June 10, 2017 | The Law Office of Philip D. Cave

Reposting.

https://globalmjreform.blogspot.com/2017/06/and-now-for-something-completely.html

Is there racial disparity in disciplinary actions within the Armed Services

June 8, 2017 | The Law Office of Philip D. Cave

Black sailors more likely than white sailors to be referred to court-martial, report says

Brock Vergakis, The Virginian-Pilot, 7 June 2017. The VP summarizes:

Black sailors were 40 percent more likely than white sailors to be referred to a court-martial over a two-year period examined by an advocacy group that focuses on military justice. . . .

Outrageous prosecuting conduct leads to a reversal at NMCCA

June 5, 2017 | The Law Office of Philip D. Cave

LtCol CT called the possibility that defense counsel might be asking potential witnesses about evidence governed by MIL. R. EVID. 412 and 513 “gross and cruel.” All this caused Capt X (the defense counsel) to audibly sob at counsel table, and she was unable to continue.

Unfortunately, it appears that the words and actions of the trial counsel (prosecutor) caused the defense counsel to make “several decisions about the appellant’s representation that were against her client’s interest, against the advice of the DHQE, and consistent with a concern for her and her husband’s situation.”

Sadly, today we report the decision in United States v. Hale, decided 31 May 2017, by the Navy-Marine Corps Court of Criminal Appeals. Of seven assignments of error raised on appeal, the court reversed on this issue: “III. That the appellant received ineffective assistance from his trial defense counsel, who were laboring under a conflict of interest[.]”

U.S. ooops, Canadian, courts-martial

June 4, 2017 | The Law Office of Philip D. Cave

It is essential that this parallel military justice system be seen as fair, just, [Constitution] compliant, and operating effectively, both at home and abroad. I note in passing that the civilian justice system also provides for extraterritorial jurisdiction in several contexts. However, unlike the civilian justice system, the extra-territorial reach of the parallel military justice system is essential to its daily operations: persons subject to the CSD are regularly required to serve abroad and complete overseas assignments or training exercises in international or foreign territories.

This parallel system of military justice is not a fossilized system of law. It is subject to the [Constitution] and was subject to tremendous change and adaptation even before the Constitution’s enactment.

And now we diverge–back to Canada.

Supplement on investigations into law of war violations

June 4, 2017 | The Law Office of Philip D. Cave

https://globalmjreform.blogspot.com/2017/06/targeting-and-law-of-war.html

Reposting a new publication for judge advocates supporting investigations into law of war violations. In particular, it relates to targeting decisions and the aftermath. There are specific points to assist in evaluating criminal responsibility under the UCMJ.

Comparing a British Army court-martial

June 4, 2017 | The Law Office of Philip D. Cave

Reposting. A British Army court-martial

DNA may not be all it can be

June 3, 2017 | The Law Office of Philip D. Cave

As an investigative tool, DNA has been a powerful weapon in identifying or confirming who committed a crime. But the value of DNA evidence is overshadowed by regular stories of corruption, incompetence, and flawed interpretation. It’s, for this reason, I never accept the DNA results as golden for the prosecution in a contested case.

Here’s another story. http://www.miaminewtimes.com/news/hundreds-of-south-florida-cases-in-doubt-over-dna-testing-problems-9383687

Two linked issues are driving the ongoing saga. The first came to light last summer, when an investigation found problems with how the Broward Sheriff’s Office crime laboratory was interpreting complex samples, which contain DNA from more than one person. With its accreditation threatened, the lab last July ceased reporting those complex samples and instead began sending them to outside experts.

Where is the SVC

June 2, 2017 | The Law Office of Philip D. Cave

In United States v. Battles, No. 20140399 (A. Ct. Crim. App. 31 May 2017), the court asked:

Where in the World is Captain Danenberger?

That he is named in the court opinion will tell the lawyer that this is a bad story. “After conclusion of appellant’s trial, an embarrassing and unnecessary sideshow unfolded. The central figure in this drama is PFC LL’s SVC—Captain (CPT) John Danenberger. While we will explain in more depth, CPT Danenberger essentially mislead various individuals about his whereabouts, missed a court hearing, and then tried to deflect blame by breaching his duties to his client by implying his client had been untruthful in her testimony. While CPT Danenberger’s lack of candor was the fuel for this conflagration and his breach of professional standards was the spark that set it ablaze, the resulting fire likely should have been quickly extinguished. Instead, a multi-month drama unfolded.”