From on the road. Marine Corps Times has this survey. Does “drop and give me 20” cut it? Or does he warrant a tougher punishment — maybe standing at parade rest for hours at a time, or spending all night cleaning the barracks? Or would that be considered hazing? Military.com…
Your client is charged with burglary, theft, and false official statement. You call a good Sailor witness. The witness testifies. Imagine the questions I asked in MJ Summer Camp I, or just as easily that there has been no prior impeachment cross-examination. Trial counsel: LTC Witness, does a good Sailor…
United States v. Ruiz should sound familiar to most defense counsel – the basic facts that is. An adultery case becomes a rape allegation. In particular I recommend: Reporting the Alleged Rape On the night of the alleged rape, after returning to the barracks, AN P did not report the…
Here is an interesting Order in United States v. Aguilar where the court has specified an issue. Whether assault consummated by a battery in violation of Article 128, UCMJ, 10 U.S.C. § 928, of which the appellant was convicted, is a lesser included offense of the charged Rape by Use…
A constant pet frustration – lack of understanding of how to impeach. Let’s look at this from a common witness situation – the good military character witness. Witness: Blah, blah, blah. Witness: In my opinion Private Rumpelstiltskin is a good Soldier. Trial counsel: Now LTC Witness, you’re aware that the…
FourthAmendment.com has this post: Today is the 26th anniversary of United States v. Leon and the good faith exception. When I remembered that this morning, I had a flash back to the last CLE I did for prosecutors about 1990 where the speaker after me referred to July 5th as…
I was going through a couple of old cases looking for some information to use in a current case. Here’s a interesting curative instruction. Coming across this lead me to muse about how strange and how frequently seasoned law enforcement witnesses “forget” that there are certain words or issues they…
In United States v. Morton, ACCA on remand from CAAF found no “dramatic change in the penalty landscape” and affirmed the sentence imposed at trial. On first review ACCA had set-aside two specifications regarding a falsification of a sick-slip under Article 123, UCMJ. But ACCA then affirmed two specifications thought…
When enlisting or at certain other times:" I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders…
Now, don’t get discouraged when your being encouraged doesn’t work out. Remember a primary court-room rule: never let them see they’ve hurt you. Not too long ago Judge Vowell was chief in the Army’s First Judicial Circuit. One of her rules of court was that both counsel must comply with…