The Army TJAGSA Criminal Law Deskbook is now online. The cover notes that the DB “reflects changes” to the MJA effective 1 January 2019. The .pdf file is bookmarked. Interestingly, Part B of the Introduction has a justification for a separate military justice system. They say there is a need…
The harmful effects of law enforcement tunnel vision do not end with wrongful convictions. Tunnel vision also undermines community trust in the police and damages an already fraught relationship. In a sexual assault case, real victims are actually harmed when false allegations are buttressed by so-called “victim-centric” investigations. When false…
Like it or not, consistent or not consistent with long-held notions of justice, a military member accused of a sexual assault is presumed guilty. Sure command and others will say you are going to get a fair hearing and trial, but that’s not reality. Over 100 Law Professors, Others Call…
When a party objects to testimony or documents they should state “I object” and cite the evidence rule or principle and nothing else. You may be tempted, but don’t make a speaking objection. United States v. Gurfein, NMCCA 2019, is an example of why speaking objections are improper and can…
Ordinary Causation: A Study in Experimental Statutory Interpretation Indiana Law Journal, Forthcoming 73 Pages Posted: 9 Apr 2019 Columbia Law School Date Written: March 14, 2019 Abstract In a series of recent split decisions interpreting criminal and tort-like legislation, the Supreme Court has purported to give statutory causation requirements their…
The Navy is establishing a new uniform for all detainees and prisoners in a Navy Brig (currently Charleston, Miramar, Chesapeake consolidated brigs). https://www.wearethemighty.com/military-culture/navy-uniforms-issued-in-brig
United States v. Vick, ACCA 2019. Prosecutors and convening authorities require an accused to plead guilty to charges which the accused is not provident, but it’s a take it or leave it deal and the accused dutifully complies, only to have the whole process go awry. Is Vick such a…
Appellant argues his trial defense team was ineffective. Appellant’s argument involves mistaken identity, fraternal betrayal, technological mystery, and a healthy dose of bad luck. The argument is ambitious and engaging, it is also wrong. United States v. Carter, ACCA 2019.
As will be seen, this court-martial was a mess on several levels. Before discussing the facts surrounding appellant’s offenses, we are required to determine which specifications now remain before this court. See United States v. Solomon, ACCA 2019.
A case to look out for. United States v. Frost, No. 18-0362/AR Issue: Whether the military judge erred in admitting hearsay statements as prior consistent statements under Mil.R.Evid. 801(d)(1)(B)(i) where the defense theory posited the improper influence or motive preceded the allegedly consistent statements. Case Links: • ACCA opinion • Appellant’s brief…