Can a failure to file a pretrial motion equal ineffective assistance of counsel? The BLUF is yes in some cases. In some instances I have argued IAC on appeal for failing to make a meritorious motion. The NMCCA has issued an interesting opinion in United States v. Spurling, in which they…
Some years ago I represented a Soldier accused of multiple assaults and rapes of his wife, and of his girlfriends. The rapes allegedly included him choking the complaining witness during the rapes. He told me – and later the members at his court-martial – that he and his wife consensually…
On 2 October, the Supreme Court granted certiorari in a case that might have important ramifications for military justice – Ohio v. Clark. And it is a source for potential motions going forward, regardless of CAAF’s recent Squire opinion. Here is the question presented. Whether an individual’s obligation to report suspected…
Your weekend reading program. Many, many, many years ago, as a police officer I had attempted to arrest a suspect who successfully got away. Some days later, I saw a CID officer bringing in a person to the station – and I said, “that’s him.” It wasn’t, I was wrong. My…
The Coast Guard has an interesting opinion in United States v. Sullivan, on a members panel stacking. A military accused does not have the same “jury” right as a civilian accused, but he does have the right to a panel (jury) that is fair and impartial. United States v. Roland,…
Here are a couple of articles worth the read if you have some time this weekend. The Reliability of Assault Victims’ Immediate Accounts: Evidence from Trauma Studies, Melissa Hamilton, University of Houston Law Center, September 7, 2014, Stanford Law & Policy Review, Vol. 26, 2015, Forthcoming Ms. Leveritt has recently taken on the…
Update 15.9.14. Here is a link to the government notice of an intent to appeal, and a motion I have filed with the ACCA. So, client is a medical provider initially accused of committing sexual contact by a, “fraudulent representation that the sexual contact served a professional purpose.” Six former patients…
Prof. Berman at sentecing law and policy invites our attention to an interesting new decision from the Third. US v. Husmann, No. 13-2688 (3d Cir. Sept 3, 2014) (available here) . We all of us have an a client who is charged with distribution of CP because they were using…
How many times during a trial do you try to guess what the members are thinking, and what their decision is – I would suggest we do that many times throughout a trial. We do this because we are responding to a client’s comment about a look, a question, or…
Friend Christian Capece liked a post on Linked-In “The most dangerous phrase is, “we’ve always done it that way.”” That amused me because it immediately brought to mind United States v. Fosler. And Fosler came to mind so readily because I was just discussing litigating issues with some younger counsel,…