Court-Martial Trial Practice Blog

OCR Finds Unfair Disciplinary Process for Accused Student Violates Title IX

Sara Koenig, Was Anyone Killed Looking for Bowe Bergdahl? Some Hard Evidence at Long Last, 6 October 2016. After nearly a year of waiting, [Serial has] finally received the Army’s internal investigations into the 2009 deaths of six soldiers from Bowe Bergdahl’s unit: MW, CB, KC, MM, DA and MM. None of…

The Army Court of Criminal Appeals has decided United States v. Hennis, the military’s latest death penalty appeal. The opinion is 106 pages long, so it will take a little time read.  But what struck me immediately were the statistics. The case was heard en banc.  However, of 12 judges…

In United States v. Lopez, Army Court of Criminal Appeals affirmed, but there is no opinion on the Army court website and I don’t see it in Lexis. The Court of Appeals for the Armed Forces has specified an issue for review in this case as follows: No. 16-0487/AR. U.S.…

32 CFR Part 105 Sexual Assault Prevention and Response (SAPR) Program Procedures; Final Rule, of 27 September 2016, 81 FR 66424. This rule contains amendments to an interim final rule published in the Federal Register on April 11, 2013, which provided guidance and procedures for the SAPR Program. This included…

No. 16-0704/AR. U.S. v. Dwight Harris, Jr. CCA 20131045. On consideration of the petition for grant of review of the decision of the United States Army Court of Criminal Appeals, it is ordered that said petition is hereby granted on the following issue: WHETHER, IN LIGHT OF UNITED STATES v.…

This article showed that the vast majority of court-martial sentences are affirmed by AFCCA. On the rare occasion when sentence relief was granted, it was usually not based on factual sufficiency or sentence appropriateness. While there has been some fluctuation in how often AFCCA grants sentence relief, it is minimal…

so starts a post at wrongfulconvictionsblog–Junk Science Reigns ____ So Much for True Science in the Courtroom. [W]hen the National Academy of Sciences report Forensic Science in the United States; A Path Forward was published people thought we might see a true effort to address “junk science being used to convict innocent people.”…

https://flipboard.com/@flipboard/flip.it%2F-3kqa8-some-criminal-forensics-techniques-may-/f-e42c55c244%2Fuproxx.com

Please don’t do this. [T]he defense counsels did not respect the judge’s ruling. [I]n an astounding show of contempt, [they] tried to force the judge to reverse himself by their unilateral withdrawal from the proceedings, on the apparent pretext that they were not prepared. They did not: voir dire the…