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Court-Martial Trial Practice Blog

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NMCCA unpublished op. on “immunity”

United States v. Sagona, sentenced at court-martial on 8 May 2008, appeal decided 30 September 2010. The issue was IAC of trial defense counsel who allegedly failed to investigate and advise on a potential defense of immunity.  R.C.M. 704 covers the issues of immunity, tempered by case law.  Basically only…

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Is there a problem here – again

Air Force Times reports: A religion watchdog group is asking the Defense Department to investigate whether the Air Force Academy has given a Christian group improper access to the campus to proselytize cadets. This would not be the first time the AFA has had an issue with support to or…

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Instructions

I posted yesterday on a new Army case dealing with instructions on an affirmative defense in a court-martial under the UCMJ. Today I’m posting on United States v. Ramon, an unpublished opinion from the NMCCA dated 28 September 2010. In his sole assignment of error, the appellant alleges that the…

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Prosecutorial misconduct

On 23 September 2010 USA Today published a front page piece about federal prosecutors. Federal prosecutors are supposed to seek justice, not merely score convictions. But a USA TODAY investigation found that prosecutors repeatedly have violated that duty in courtrooms across the nation. The abuses have put innocent people in…

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