O’Keeffe, Eamonn (2016) ““Such Want of Gentlemanly Conduct:” The General Court Martial of Lieutenant John de Hertel,” Canadian Military History: Vol. 25: Iss. 2, Article 2. <Available at: http://scholars.wlu.ca/cmh/vol25/iss2/2> At this court-martial of a junior officer, the British Army assembled 15 more senior officers to serve as the “jury” in…
The SVC also testified at the post-trial Article 39(a), UCMJ, session. When asked by the trial defense counsel if it was the “standard in practice as an SVC to meet with the military judge ex parte,” the SVC stated, “Generally, yes. We’re usually not included in [R.C.M.] 802 conferences, so…
John Wesley Hall’s website is an excellent resource for issues involving the Fourth Amendment–FourthAmendment.com. In pointing to a search warrant case Mr. Hall quotes from the opinion. We remind McCollum’s counsel that “the statement of facts in an appellate brief should be a concise narrative of the facts stated in…
Packingham v. North Carolina is the case of Lester Packingham, a North Carolina man who became a registered sex offender after he was convicted, at the age of 21, of taking indecent liberties with a minor. Six years after Packingham’s conviction, North Carolina enacted a law that made it a…
The Army Court of Criminal Appeals has raised an interesting question and important reminder in United States v. Keen, decided 20 October 2016. The court itself specified the following issue. WHETHER THE MILITARY JUDGE ACTED AS COUNSEL OR LEGAL OFFICER AS TO ANY OFFENSE CHARGED OR IN APPELLANT’S CASE GENERALLY…
When I read that, I thought of “The Invisible War.” Friend and forensic psychologist Reneau Kennedy sent an interesting piece across the transom today. She forwarded a piece by Karen Franklin: “In the Dark” shines brilliant light on bungled Jacob Wetterling case Twenty-seven years ago, a perfect storm struck a…
Good friend Gene Fidell has drawn attention to a news release about the new report. In particular he notes that 23% of those surveyed last year would not recommend making a report. The 2015 survey report is Enclosure 3. Interestingly, last year nearly a number of respondents were dissatisfied with the various…
SCOTUSBlog has an interesting post about the court’s relist practice. Some of us discussed the relist option when the court was considering the petition in United States v. Sullivan, 74 M.J. 448 (C.A.A.F. 2015) cert. denied. When last we wrote about the statistics of relists a little over a year…
We have complications in CONUS trials with doctor-patient privileges. Overseas, host nation laws can make an already complex issue more difficult to navigate. COL (former military judge) Masterson discusses the administrative and legal difficulties under the NATO SOFA. Doctor-Patient Privilege Rules Overseas, ARMY LAW. August 2016.
Appellate Advocacy 2016 Date & Time: Friday, October 21, 2016 from 9:00 am to 5:00 pm CLE Credit: Yes Event Description 6.5 Credit Hours, Including 1.0 Ethics Credit Hour This highly acclaimed course features the consumers and producers of appellate advocacy in the federal courts. It is designed as an…