In Ford v. Perry, the court set aside a conviction based on improper comments of the prosecutor during closing argument. During closing arguments, Ford’s lawyer offered a classic criminal defense that contradictions of witnesses and doubt over the identity of the shooter meant that the presumption of innocence had not…
Nathaniel Penn gives us a piece of investigative journalism in his new article on Army 1st LT Clint Lorance. This is the sordid saga of a LT whose actions wreaked havoc on those within his platoon, whom a panel (jury) of Army Soldiers convicted of murder, and whom President Trump later pardoned…
The Joint Service Committee on Military Justice has submitted its subcommittee’s Prosecutorial Authority Study report in response to § 540F of the National Defense Authorization Act for Fiscal Year 2020. The report, which cost the taxpayers $109,000 (that’s $1185 per page, if you don’t count the appendices), can be found here.…
Just Security discusses minimization of civilian casualties beyond that required by military necessity. Against this backdrop, an important symposium series, “Civilian Casualties: The Law of Prevention and Response,” is kicking off on Wednesday (September 30) at noon EDT. The series is intended to promote deeper discussion and greater understanding of the…
NNY360 says, The Fort Drum soldier charged with carrying a “ghost gun” at a Black Lives Matter protest in June in Troy has left the Army. A Fort Drum official confirmed Noah Latham, 22, is no longer in the Army, as of Aug. 31. Mr. Latham was “separated administratively” from…
The Jeffrey MacDonald murder case: A timeline of a major events. One of North Carolina’s most infamous murder cases is back in the national spotlight, with the release this week of the FX documentary series “A Wilderness of Error.” Former Green Beret Army doctor Jeffrey MacDonald was convicted in 1979…
We do that–right. Make an issue of the MCIO failures to investigate, their tunnel vision, their confirmation bias, and overall bias. Here’s an Article that might help. Lisa Steele, Investigating and Presenting an Investigative Omission Defense. 57 CRIM. L. BULL. (2021) (Forthcoming). “This paper explores defense challenges to the adequacy…
NMCCA published new rules effective 1 July 2020. Not this change. I’m agnostic whether this change will add confusion or not for the litigants. Rule 17.5. Table of Pseudonyms. (a) With the exception of merits briefs, all initial briefs in support of an appeal or petition shall include a separate…
14 September 2020, the court issued a published opinion in United States v. Livak, it’s a Moreno case analyzed with the new rules in mind. Appellant claims that his due process rights were violated when his case was not docketed with this court within 30 days of the convening authority’s…
A colleague provided this thought. “just got a call from a former Army member, who in 2005, decided that he didn’t want a second tour in Iraq, went AWOL for @ 2 months; turned himself in, but had hot pee for both THC and cocaine and for good measure, called…