I have argued in a number of cases that the Service RPR provides greater obligations on TC beyond Brady-plus that requires more timely and broader obligations. http://www.abajournal.com/web/article/split-over-prosecutors-ethical-disclosure-duties-intensifies#When:13:30:00Z
Court-Martial Trial Practice Blog
New CAAF grant
No. 19-0376/MC. U.S. v. R. Bronson Watkins. CCA 201700246. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is granted on the following issues: A CONFLICT OF INTEREST EXISTS WHERE THE…
Military justice stats for FY 2018
https://jsc.defense.gov/Portals/99/Documents/Article%20146a%20Reports%20-%20FY18%20-%20All%20Services.pdf?ver=2019-09-19-163824-157
Suicide issues in the military
If you, like me and some of my colleagues, have personal experiences from military clients who commit, get stopped in the act, or consider suicide while pending court-martial, you are facing a difficult challenge. My first was a client I was representing on appeal who hung himself in the SHU…
History (220919)
22 September is the anniversary of Nathan Hale being executed for spying against the British forces. In New York City on September 22, 1776, Nathan Hale, a Connecticut schoolteacher and captain in the Continental Army, is executed by the British for spying. A graduate of Yale University, Hale joined a Connecticut regiment…
Know your Constitution
https://constitution.congress.gov/
Comparing systems–same result?
Shawn Boyne, Pre-Trial Procedures in Criminal Cases. Prof. Boyne (Indiana U., Robert H. McKinney Sch. of Law), has an interesting read. Does this seem familiar? In the past two decades, scholars have not only questioned whether the “contest”between the parties is a fair one, but also debated whether prosecutors possess…
Unfounded Sex Assault Charges Trending Up in DoD Reports
The Center for Military Readiness has this “report.” Air Force Gen. John Hyten, nominated to become Vice Chairman of the Joint Chiefs of Staff, has become the face of injustice done to military personnel who encounter unproved allegations of sexual assault. Accusations that cannot be substantiated are unjust and often career-ending, but they…
A view from across the pond
Corteen & Stelle, A Criminal Injustice System? Sex Offender Suspects and Defendants. 39 LIVERPOOL L. REV. 265 (2018). Abstract The purpose of this paper is to open up a discussion regarding the potential shift from the presumption of innocence to a presumption of guilt regarding those suspected of or charged…
Dances of Justice: Tango and Rumba in Comparative Criminal Procedure
Elisabetta Grande (2009) “Dances of Justice: Tango and Rumba in Comparative Criminal Procedure,” Global Jurist: Vol. 9: Iss. 4 (Frontiers), Article 6. Available at: http://www.bepress.com/gj/vol9/iss4/art6 Ms. Grande some interesting reading comparing the judicial process we experience in common law countries and the experiences of lawyers in Continental Europe. More than…