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Court-Martial Trial Practice Blog

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Sen. Kerry requests

The Boston Globe has a piece and copy of a letter from Senator John Kerry to the Secretary of Defense.  In that letter Senator Kerry says: Secretary Robert M. Gates 1400 Defense Pentagon Washington, DC 20301-1400 Dear Mr. Secretary: On behalf of the family of deceased U.S. Navy sailor Caitlin…

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CEJA

Missye Brickell, Filling the Criminal Liability Gap for Private Military Contractors Abroad:  U.S. v. Slough and the Civilian Extraterritorial Jurisdiction Act of 2010, 2 Leg. & Policy Brief. Abstract To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress…

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New ACCA unpublished opinion

United States v. Stanley. The appellant raised eight errors through counsel and an additional six in accordance with United States v. Grostefon. One assignment of error warrants discussion, but no relief.   Specifically, appellant alleges that the military judge erred by failing to properly instruct the panel regarding appellant’s right during…

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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…

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Authenticity

Here’s a reminder about authenticating emails based on a posting from Prof. Colin Miller at EvidenceProfBlog.  To paraphrase Prof. Miller: And, like its federal counterpart, [Mil. R. Evid.] 901(b)(4) provides that By way of illustration only, and not by way of limitation, the following are examples of authentication or identification…

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