Court-Martial Trial Practice Blog

NCIS violates the Posse Comitatus Act–no problem

November 6, 2015 | The Law Office of Philip D. Cave

United States v. Dreyer. A decision from the Ninth.

On issues arising from the Posse Comitatus Act (PCA), the en banc court affirmed the district court’s denial of a suppression motion, and remanded to the three-judge panel for consideration of remaining issues, in a case in which the defendant was convicted of one count of distributing child pornography and one count of possessing child pornography.

A special agent of the Naval Criminal Investigative Service (NCIS) conducted an investigation into computers in Washington state sharing child pornography by utilizing a software query that encompassed the entire state but did not isolate or look for military service members. The investigation revealed that the defendant, a civilian, had shared child pornography files, and the NCIS passed that information along to the local police department.

Pinkela update

November 5, 2015 | The Law Office of Philip D. Cave

Today, 5 November 2015, the Court of Appeals for the Armed Forces granted our petition in United States v. Pinkela, reversed the findings for aggravated assault and reckless endangerment, and affirmed a lesser included offense of assault and battery.

United States v. Pinkela, ACCA — I.

U.S.C.A.A.F. — I. This was a summary disposition with a remand to consider the case in light of United States v. Guitierrez.

Transparency in military justice

November 5, 2015 | The Law Office of Philip D. Cave

http://globalmjreform.blogspot.com/2015/11/in-good-to-see-category.html

Bergdahl-CAAF-gov.response

October 23, 2015 | The Law Office of Philip D. Cave

The government filed its answer in Bergdahl v. Burke at CAAF today.

You may note on page 1,before getting to the merits.

It misidentifies the parties/

Bergdhal-NBC amicus

October 22, 2015 | The Law Office of Philip D. Cave

Click to access Bergdahl-NBC-News-Amicus-Brief.pdf

See more of the litigation at https://www.court-martial.com/bergdahl-appellate-litigation.html

New rules, maybe

October 17, 2015 | The Law Office of Philip D. Cave

The Joint Service Committee on Military Justice has proposed new rules for courts-martial, including rules of evidence. The proposal is open for public comment.

There is much to think about, some good, some possibly bad, and as I note below, some odd.

(d) A new R.C.M. 305(i)(2)(A)(v) is inserted and reads as follows:

Burke v. Bergdahl litigation update

October 15, 2015 | The Law Office of Philip D. Cave

I have updated events of today:

Bergdahl.

ACCA denies Hearst, et., al. petition for extraordinary writ.

WorthTheRead from Vanderbilt Law

October 14, 2015 | The Law Office of Philip D. Cave

Here are two items of potential interest to military justice practitioners from Volume 68 VANDERBILT L. REV.

Todd Haugh, Overcriminalization’s New Harm Paradigm, 68 Vand. L. Rev. 1191 (2015).

Joshua D. Foote, Hung Up on Words: A Conduct-Based Solution to the Problem of Conspiracy in Military Commissions, 68 Vand. L. Rev. 1367 (2015).

WorthTheRead-complexities of good time credit

October 12, 2015 | The Law Office of Philip D. Cave

Here is another case where a military prisoner has sought habeas corpus relief, in the Kansas District Court (the Tenth Circuit).

Valois v. Commandant, USDB

The case provides a fascinating discussion of the maze and complexities of DoD and Service regulations the award of good time credit, work abatement, and such, applicable to clients confined at the USDB.

Bergdahl v. Burke update with latest CAAF filing

October 12, 2015 | The Law Office of Philip D. Cave

Bergdahl v. Burke.

More information here.