Court-Martial Trial Practice Blog

Need we say more

September 29, 2015 | The Law Office of Philip D. Cave

Timothy Hennis filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Mr. Hennis is confined at the United States Disciplinary Barracks in Fort Leavenworth, Kansas (“USDB”). He challenges his 2010 conviction by general court-martial for a triple murder that occurred in 1985. Petitioner mainly claims that the military court-martial lacked jurisdiction. He alleges other constitutional violations in the 14 grounds presented in his petition. The Court has screened the petition and finds that Mr. Hennis had not exhausted military court remedies. The Court dismisses this action without prejudice for failure to exhaust.

Hennis v. Nelson.

A good recitation of habeas for military accused’s and prisoners. Of note:

Bergdahl v. Burke

September 25, 2015 | The Law Office of Philip D. Cave

The next sneaker has dropped in the writ petition of Bergdahl v. Burke, regarding release of the AR 15-6 investigation.

Here is a link to the amicus filing of the Center for Constitutional Rights in support of petitioner.

Add this to concerns about EMDR

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

http://www.medicalnewstoday.com/articles/299443.php

While numerous studies have hailed mindfulness meditation for its potential benefits for the mind and body, new research suggests it may have a negative impact on memory.

While mindfulness meditation is believed to be beneficial for the mind and body, researchers say the practice may impair the ability to accurately recall memories.

Oh please. . .

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

The Gazette of Colorado Springs has an article on the current USAFA sexual assault case. It’s worth the read because of its misinformation, or perhaps lack of understanding. So here goes with some comments.

1.People are upset because it’s odd the hearing was closed for quite a bit of time. Duh. Of course it’s closed:

But a series of contentious, closed-door hearings has delayed the case.

It took how long?

September 11, 2015 | The Law Office of Philip D. Cave

It took how long?!%#@

Well, in United States v. Gonzalez, a Coast Guard general court-martial, the sentence was announced on 27 July 2011. The case did not get docketed with the CGCCA until 19 December 2014. That means a total of 1,241 days went by before the appellate court began a mandated review under UCMJ art. 66(c).

And people wonder why appeals take so long.

Those pesky OSI/NCIS/CID/agents are lying, or not

September 7, 2015 | The Law Office of Philip D. Cave

(W)e seem to be on an endless quest to unmask the deceiver. This is easier said than done. The research is surprising.

Even the professionals aren’t very good at catching people in a lie.

When we do catch a lie, it’s often not for the reasons you may expect.

Is that government testifying about reliable psychological testimony

September 7, 2015 | The Law Office of Philip D. Cave

Of 100 studies published in top-ranking journals in 2008, 75% of social psychology experiments and half of cognitive studies failed the replication test.

So says a report in The Guardian.

Of 100 studies published in top-ranking journals in 2008, 75% of social psychology experiments and half of cognitive studies failed the replication test.

Sex assault-alcohol blackouts-and memory

September 7, 2015 | The Law Office of Philip D. Cave

We do a lot of military sexual assault cases with alcohol involved. It is not unusual for a complaining witness to claim they were drunk, blacked out and didn’t consent.

First, if blacked out they can’t know they didn’t consent–it’s impossible if they were blacked out, rather than them exhibiting a convenient and selective memory.

Second, we know from medical science that a person can do a whole lot of things which does include the voluntary, and apparently consensual engagement is sexual activity. Here is an example, out of many, how a person can engage in a lot of thoughtful and physical activity and not remember it.

A not uncommon question

August 26, 2015 | The Law Office of Philip D. Cave

Military and civilian counsel military cases is bound by Service rules of professional responsibility as well as their bar. The military RPC are based on the ABA Model Rules. Thus, ABA interpretations can be meaningful and helpful.

What do you do with the client file when the case is over?

This past July, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 471 Ethical Obligations of Lawyer to Surrender Papers and Property to which Former Client is Entitled

Worth-the-read

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

Several relevant items for you this weekend.

Orin Kerr has this post at The Volokh Conspiracy. In part:

Computer searches usually happen in two stages. Agents take the computer, make a mirror image copy of its hard drive on a government storage device, and then search the image. Officers do this to ensure the integrity of the original data. Searching can alter the contents on the computer, so working from a copy preserves the original.