No. 14-5007/AF. U.S. v. Steven S. MORITA. CCA 37838. Review granted on the following issue: WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY FINDING THAT A RESERVIST CAN CREATE COURT-MARTIAL JURISDICTION BY FORGING ACTIVE DUTY ORDERS AND/OR INACTIVE-DUTY TRAINING ORDERS AND BY FINDING THAT COURT-MARTIAL JURISDICTION EXISTED FOR EACH 120-DAY PERIOD LISTED…
On occasion I note civilian court opinions that reference or rely on military appellate case law. In my view, because of technology we see more courts, especially federal courts, cite to military appellate case law. In United States v. Buchanan, the accused sought to prevent a guardian ad litem (GAL)…
The Military Judge’s Benchbook (MJBB) is the bible for how a military judge will instruct the members of your court-martial under the UCMJ. Your military defense lawyer should be well versed in this book and these instructions. The military judge will tell the members what elements of the crime must…
I always counsel clients and family that there is NO parent-child privilege in courts-martial under the UCMJ (or in civilian court for that matter). This is important to know and for the military defense lawyer to make clear at the earliest opportunity. Any communications between a child and the parent can…
For client Sgt Brown, with the assistance of his military defense lawyer we have secured a dismissal of some charges and a new trial on the remainder. In United States v. Brown, the NMCCA issued an opinion on 30 June 2014, which addressed three of eight errors we raised: multiplicity of…
Riley v. California. An important ruling today.
If you are concerned or unhappy with the high rate of “affirmed” – often without relief – U.S. courts-martials, perhaps you should consider moving to India. My good friend and colleague Gene Fidell at globalmjreform.blogspot.com/, reports on the 90% rate of reversal of court-martial convictions. Further to yesterday’s post this article…
Eighth Circuit reviews whether a challenged evidence ruling by the trial court was properly preserved for appeal under FRE 103(b); the issue turned on whether the trial court’s ruling was “tentative” or “definitive”; the objecting party holds the burden to clarify the nature of the ruling, in United States v.…
Reports regarding an Irish court-martial and litigation involving Lariam are most interesting. Partly because of a case pending decision in the United States Court of Appeals for the Armed Forces. The Irish Times reports that: Taoiseach Enda Kenny has defended the Army’s continued use of the controversial anti-malaria drug Lariam,…
The other day I commented about Grostefon issues. Well, here is another example of Grostefon possibly working for the Appellant. On Thursday CAAF granted review in the Air Force case of United States v. Yanez: No. 14-0411/AF. U.S. v. Joseph W. YANEZ. CCA 38181. Review granted on the following issue: WHETHER THE MILITARY JUDGE ERRED IN…