Court-Martial Trial Practice Blog
http://globalmjreform.blogspot.com/2015/11/in-good-to-see-category.html
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Bergdahl-CAAF-gov.response
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
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
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
I have updated events of today:
Bergdahl.
ACCA denies Hearst, et., al. petition for extraordinary writ.
WorthTheRead from Vanderbilt Law
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
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
More information here.
WorthTheRead–apology made
I’m a believer in Restorative Justice. In America The Vengeful this is an approach much derided and ignored. In my view that means the exacters of “justice” don’t really care much about the victim. Anyway, there are many facets to the concept one of them is repairing what has been done wrong. For the victim this may well include receiving a genuine apology. The problem in criminal cases is when to make the apology. I have developed several ways to do this without the apology becoming evidence. Here is an interesting article about the timing of the apology (and it’s consistent with part of my approach).
Michael C. Jones, Can I Say I’m Sorry? Examining the Potential of an Apology Privilege in Criminal Law. Comprehensive Law – Fall 2012 Phoenix School of Law.
Interesting AF PTA case
In United States v. Starovoytov, the accused plead guilty.
[T]of 5 charges and 18 specifications involving sodomy with children between the ages of 12 and 16, aggravated sexual abuse of children, abusive sexual contact of a child, indecent liberties with children, possessing and producing child pornography, and providing alcohol to persons under the age of 21, in violation of Articles 120, 125, and 134, UCMJ, 10 U.S.C. §§ 920, 925, 934.
He was sentenced to