Court-Martial Trial Practice BlogI have from time to time filed writs of error coram nobis, most recently in United States v. Graner. Courtesy of CrimProfBlog here is an excellent case reviewing the writ of error coram nobis. The court discusses the history of the writ and the three part test to considered. Note they cite extensively to United […]
Search Results for: writs
Can an alleged victim sue to stop discovery in a court-martial
Object to delay in court-martial when an alleged sexual assault victim wants to litigate a judge’s evidentiary ruling in your favor.
Taking that Hills
This case is before us for a fourth time. The petitioner, a former service member, seeks extraordinary relief from this court in the nature of a writ of error coram nobis or, in the alternative, in the nature of a writ of audita querela, under the All Writs Act, 28 U.S.C. § 1651(a). The petitioner avers that his appellate […]
Worth the read
The Importance of James Otis Thomas K. Clancy West Virginia University College of Law; University of Mississippi School of Law July 17, 2012 Mississippi Law Journal, Vol. 82, 2012 Abstract: Historical analysis remains a fundamentally important tool to interpret the words of the Fourth Amendment and no historical event is more important that James Otis’ […]
LTC Lakin Writ sitrep
The Army Court of Criminal Appeals rules are here. As previously indicated there is no “deadline” for the filing of a writ petition in this situation, but once a petition is filed several deadlines and requirements kick in. Like DMLHS I have a request in for a copy of the petition. Note that in Cheney […]
Hennis update
Fay Observer reports that: U.S. District Judge Terrence Boyle on Wednesday dismissed an effort by Army Master Sgt. Timothy Bailey Hennis to stop his court-martial for a 1985 triple homicide near Fort Bragg. A jury has been seated in the court-martial. Opening statements and testimony are scheduled to begin today. It appears that the judge […]
Collateral consequences – immigration issues.
The Supreme Court will soon hear oral argument in United States v. Denedo. There has been plenty of discussion on this case. See CAAFLog. The underlying issue for trial defense counsel relates to claims of IAC in regard to immigration status advice upon conviction. The issue at the Supreme Court is an important one regarding […]
Immigration (collateral) consequences of a criminal conviction
I'm blogging about the presentation given yesterday at the 39th (VA) Annual Criminal Law Seminar. The most important point I learned is that military justice practitioners, myself included, are not necessarily competent to advise a client properly on immigration consequences of a conviction. This of course doesn't matter too much if it's a not guilty […]
Credit for pretrial delay.
United States v. Gross (Military Judge), Army Misc. 20081049 unpublished op. (A. Ct. Crim. App. 9 January 2009). [When you get to the court site, go to the "summary dispositions – by date" page.] This case is a government petitione for an extraordinary writ (not listed in the Denedo pleadings at the Supreme Court as […]