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Court-Martial Trial Practice Blog

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Offenses aboard an aircraft

Prof. Cole at CrimProfBlog brings us, Nathan Lilly (Sandra Day O’Connor College of Law at Arizona State University) has posted The ‘High Skies’: Establishing Venue for Prosecutions of Crimes Aboard Aircraft (57 Crim L. Bull., no. 1, Forthcoming) on SSRN. Here is the abstract: A fundamental concept in criminal procedure is that the…

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Bergdahl

Justin Oshana’s Sept. 1 Tuesday Opinion essay, “How Trump poisoned the prosecution of Bowe Bergdahl,” was exceptionally insightful, accurate and fair. I can attest to the accuracy of Mr. Oshana’s depiction of the complexity of the case. Whatever one’s opinion about the actions of Bowe Bergdahl on the battlefield, we should, as…

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Duty calls–a duty to Google

As a reminder, Prof. Cole brings us, Michael Murphy (University of Pennsylvania Law School) has posted The Search for Clarity in an Attorney’s Duty to Google on SSRN. Attorneys have a professional duty to investigate relevant facts about the matters on which they work. There is no specific rule or statute requiring that…

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Coast Guard links

The Coasties have changed links to places of interest. I believe these are the new places to visit. https://www.uscg.mil/Resources/legal/Court-of-Criminal-Appeals/ https://www.uscg.mil/Resources/legal/Military-Justice/Court-Dockets/ Good Order & Discipline Reports https://www.uscg.mil/Resources/legal/GOAD_report/ https://www.uscg.mil/Resources/legal/BCMR/ https://www.uscg.mil/Resources/Legal/organization/

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Bergdahl

On 27 August 2020, CAAF issued its opinion in United States v. Bergdahl. “Thus, simply stated, it was the totality of the circumstances surrounding Appellant’s misconduct rather than any outside influences that foreordained the Army’s handling and disposition of this case. Therefore, an objective, disinterested observer would not harbor any…

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