Court-Martial Trial Practice Blog

Note the name of his cat. http://www.freerepublic.com/~roaddog727/

Hollister v. Soetoro, No. 08-2254 (D.C. 3 May 2009). Mr. Berg and Lawrence J. Joyce, an attorney who lives in Tucson, Arizona, signed the complaint in this case. (They have been filing electronically although they have not been admitted pro hac vice, see [#10].) They are agents provocateurs –- and…

Dianna Cotter, Breaking: Major has orders revoked, by questioning Obama’s legitimacy, Examiner.com, 14 July 2009. This story has been slipping under the Main Stream Media Radar for some time now. U.S. Army Major Stefan Frederick Cook Filed a restraining order asking for legitimate confirmation that his Commander in Chief was…

You’ll have to excuse my verbal irony in the title of this comment.  But according to a new release as of 2153, 14 July 2009, the answer is that no you don’t have to deploy, you get your orders cancelled apparently. Soldier Refuses to Deploy; Says Obama Isn’t President Tuesday…

I have commented on this issue previously:  More on groundwork.  Now the 1st Circuit seems  to want to get tougher with prosecutors. First Circuit Once Again Criticizes The Use Of Law Enforcement “Overview” Testimony. After prior admonitions, First Circuit warns prosecutor that failure to avoid the problems in using an…

Don’t Panic! Rehearings and DuBays Are Not the End of the World

This case is relevant to both the prosecution and the defense.  And not just on cross-examination, but also on direct. On defense claim that the defendant did not affirmatively consent but only “acquiesced” to the search, defense counsel’s use of the word “acquiesced” in cross-examining the officer was inadmissible under…

Prof. Colin Miller has this very useful post on the character of a "victim" when a defense of self-defense is raised. The Character Of The Matter: Court Of Appeals Of Arizona Finds That Victim's Violent Character Is Not An Essential Element Of A Self Defense Claim. In Fish, Harold Arthur Fish…

Lawyer seeks to prevent opponent from wearing worn shoes: The economy may be in the dumps, but lawyers shouldn’t skimp on their pumps, according to this story in the Palm Beach Post. (H/T The Maryland Injury Lawyer Blog). Florida defense lawyer Michael Robb found himself the target of a motion…

United States v. Wiechmann, __ M.J. ___, No. 09-0082/MC (C.A.A.F. July 6, 2009) has been decided.  There was error, but found to be constitutionally harmless. After a captain with very little defense experience was detailed to represent a retirement-eligible lieutenant colonel, the Chief Defense Counsel of the Marine Corps detailed…