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Articles Posted in UCMJ

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Evidence issues for 2012

Courtesy of federalevidence here is their list of potential significant evidence issues affecting criminal cases this coming year. Supreme Court Watch: Williams v. Illinois: Confrontation Clause – Pending Decisions Confrontation Clause: More Notice and Demand Rules? Supreme Court Watch Open Issue: Confrontation Clause – Resolving An Open Issue on the…

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Post-trial duties

NMCCA has decided United States v. Owens. The appellant asserts that the attorney-client relationship with his detailed trial defense counsel was terminated without good cause, leaving the appellant legally and factually without post-trial representation.  The basis for the appellant’s claim is that substitute counsel failed to establish an attorney-client relationship…

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Motivation

To stay out of trouble. To work hard for you clients. Labor Department employment statistics released Friday show that young veterans continue to have serious and growing problems finding work in a tight job market, while older veterans are doing better than the general population. Thanx, Marine Times.

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Jackie Robinson–not guilty

Takepart notes: Of course, Robinson didn’t begin his fight for equal rights overnight. While enlisted, Robinson was court-martialed for refusing to sit at the back of the bus — eleven years before Rosa Parks. Faced with multiple offenses, including public drunkenness (even though Robinson did not drink), the UCLA standout…

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More delays in Wuterich?

Misc. No. 11-8009/MC. Frank D. WUTERICH, Appellant v. David L. Jones, Lieutenant Colonel, United States Marine Corps, in his capacity as Military Judge, and United States, Appellees. CCA 200800183. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of…

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False confessions in the spotlight

Thanks to Sentencing Law & Policy: PBS Frontline has been giving lots of attention to criminal justice systems this fall. . . .  This week Frontline will broadcast a new documentary "The Confessions," which examines the case of the "Norfolk Four" involving a quartet of Navy men who were wrongfully…

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A quick reminder for “documents” cases

My good friend Bill Cassara and I have done a lot of BAH/TCS fraud cases at court-martial under the UCMJ over the years.  Typically the case involves a lot of documents from DFAS. The prosecution then calls a witness from DFAS to lay a foundation for the documents and then…

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LCMJ

Here is an upublished opinion in the Court of Appeals, First Circuit, State of Louisana, in State v. Davis. Note, this case was a court-martial tried under the Louisiana Code of Military Justice (a National Guard case). La. R.S. 29:101-242, applies to all members of the state military forces when…

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