Court-Martial Trial Practice

I’ve done some work with Dr. Benjamin.

He’s directed me to a new blog worth following (it’s now in my Feedly).

Here’s the issue  de jour.

We are told so often it is nauseating how perfect the military drug labs are.  But then we read items like this about the Fort Meade lab.

Note, unlike the servicemembers who’s urine is screened the offending employees were put back in training and counseled on not lying.  If this were a military member in trouble they would be racking and stacking the charges like crazy.

CAAF continues to deal with cases where the terminal element in Art. 134 cases has not been plead.  While the cases are not being terminated, a number are visiting a local stop along the way.  Quite a few summary dispositions with:

On consideration of the petition for grant of review of the decision of the United States X Court of Criminal Appeals, and in view of United States v. Goings, 72 M.J.202 (C.A.A.F. 2013), and United States v. Gaskins, 72 M.J. 225 (C.A.A.F. 2013), it is ordered that said petition is granted on the following issue:

WHETHER THE ARMY COURT ERRED IN DETERMINING THE CHARGE SHEET AND GOVERNMENT CASE-IN-CHIEF REASONABLY PLACED APPELLANT ON NOTICE OF THE TERMINAL ELEMENT WHERE THE ONLY MENTION OF THE TERMINAL ELEMENT WAS DURING THE MILITARY JUDGE’S FINDINGS INSTRUCTIONS.

We all know and believe that DNA can be the smoking gun or the exclusion factor.  But, the NYTimes highlights some interesting issues about the reliability of DNA.

http://www.nytimes.com/2013/07/25/opinion/high-tech-high-risk-forensics.html?_r=0

http://www.abajournal.com/news/article/lawyer_gets_suspension_for_impersonating_college_acquaintance_on_lesbian_da/?utm_source=feedburner&utm_medium=feed&utm_campaign=ABA+Journal+Top+Stories

Click to access 12-5038-1447998.pdf

Maybe, maybe not.  The effort to create one through the Congress has stalled.  So courts must deal with the issue on a case by case basis.

With renewed interest on possible legislation recognizing a reporter’s privilege, the courts remain divided on whether to recognize a reporter’s privilege and on the scope of any privilege; the division was noted by the Seventh Circuit inMcKevitt v. Pallasch, 339 F.3d 530 (7th Cir. 2003); will legislation be enacted in this Congress to recognize a privilege?

Military courts have addressed the issue most recently in United States v. Wuterich. and CBS v. NMCCA.

Anyone who has done more than a few cases as TC or DC knows this.  Certainly this was one of the first points made to me by my SDC when first reporting to then NLSO Norfolk in 1980 out of J school, and learned and reinforced over the years.

A Defense Department review of criminal investigations into sexual assault found deficiencies in 72 percent of the cases, but only 11 percent of the cases had what were considered “significant” errors or omissions requiring more investigative work, according to a Pentagon report released Monday.

Army Times

Who would have guessed that police crime labs would exaggerate the quality of their work.

A review of thousands of FBI laboratory files has uncovered 27 death penalty cases in which experts may have exaggerated the reliability of hair analysis.

ABA Journal

San Diego Mayor Bob Filner (D), a self-described "hugger" who is facing allegations that he sexually harassed female staffers, is scheduled to be thekeynote speaker at a conference on military sexual assault next month.

http://www.huffingtonpost.com/2013/07/17/bob-filner-sexual-assault-conference_n_3610780.html

As an SVC in Colorado Springs, Colo., former prosecutor Capt. Lorraine Sult says that she has found her clients’ needs are different from what she previously recognized. Some would rather have their attackers go to counseling than get jail time, for example.

"As prosecutors (and politicians), we think they just want the conviction," she says.

http://www.csmonitor.com/USA/Military/2013/0717/Sexual-assault-in-the-military-Can-special-counsels-for-victims-help