ACCA has issued a Memorandum Opinion in United States v. Markis, ARMY 20070580 (A. Ct. Crim. App. 18 August 2009). Appellant had given three pre-trial admissions to CID. The defense sought to exclude the confessions as being coerced. The military judge permitted the defense to present expert testimony on coerced…
SAUSA an interesting piece from Volokh which I posted the other day. It’s black letter law that a prosecutor may not ask a defendant to comment on the truthfulness of another witness, United States v. Combs, 379 F.3d 564, 572 (9th Cir. 2004), United States v. Geston, 299 F.3d, 1130,…
The issue of post-trial delay and prejudice is on the front burner again as a result of CAAF’s decision in United States v. Bush. Here is a repeat of part of a post of mine from April 2008. 1. After trial — sit down with the client and explain the…
Thursday, Columbus TV commentator and retired news anchor Al Fleming managed to do what every major network, cable news outlet, newspaper, magazine and blogger has failed to do for more than four decades: get William Calley to speak publicly about his personal day of infamy. Ledger-enquirer.com, 21 August 2009. AN…
VILSECK, Stars & Stripes Germany — A manhunt is under way for a U.S. Special Forces soldier who fled after being convicted of kidnapping and sexually assaulting a German woman. Sgt. 1st Class Kelly A. Stewart — who was found guilty of multiple charges including kidnapping, forcible sodomy and aggravated…
Here’s an interesting piece from Volokh. It appears the often bad habits of the military court-room have shown up in federal district court. The appellate judges don’t seem amused, but neither do they find prejudice. Tolerated misconduct without findings of prejudice don’t discourage, they encourage. However, here the defense counsel…
Recently CAAFLog had a discussion about military appellate cases and publication or non-publication. PACER is a pay to use system that allows access to lots of federal courts documents that are “publically available” but at a fee. Recently a technology blogger I follow FutureLawyer had a comment about RECAP and…
Justice delayed is….oh, never mind That business about justice delayed being justice denied apparently has a statute of limitations. At least, that must be the way it seems for Marco A. Bush, a former private first class in the Marine Corps. I like to read S&S because of their ability…
A Dubay hearing is about to get underway in United States v. Hutchins.
Travis Bishop’s court-martial August 18, 11:30 AM Dallas Progressive Examiner Herschel Tomlinson