Yes, clients frequently ask this question. Here is an interesting piece about lawsuits and false confessions. The item is interesting also as a simplified checklist to review some improper techniques.
Why am I not surprised by Issue III. See one of my earlier blogs — The Prosecutor’s Gamble. I’ve blogged several times about trial counsel “suppression” of evidence or information favorable to the defense, despite frequent public relations statements and appellate cases lauding the more open discovery to which a court-martial accused is entitled to under the UCMJ.
The military justice system provides for broader discovery than required by practice in federal civilian criminal trials. See United States v. Williams, 50 M.J. 436, 439-40 (C.A.A.F. 1999).
Statutory and implemental regulatory discovery rights of a military accused are more generous than the constitutional discovery rights of his civilian counterpart. See, e.g., United States v. Simmons, 38 M.J. 376 (C.M.A. 1993); United States v. Green, 37 M.J. 88 (C.M.A. 1993); United States v. Eshalomi, 23 M.J. 12 (C.M.A. 1986).
The Article 32, UCMJ, hearing for a Coast Guard O-6 accused of fraternization, adultery, and other offenses with enlisted and junior officer personnel is finished. An IO report is pending and then a CA decision. If the information reported as to the general nature of the case is true then it looks like the O-6 is on his way to trial or an OTHIL if he’s lucky.
Coast Guard Report is the blog questioning an absence of leadership related to disciplinary matters within the USCG.
A brief moment of sexual contact between a senior noncommissioned officer and a subordinate sent both soldiers down different roads of guilt and despair.
Military.com reports on a court-martial in Korea.
A sailor found not guilty of a fatal shooting at court-martial Thursday will return to work aboard the aircraft carrier Harry S. Truman, a Navy official said.
Navy Times reports
Sexual assault allegations at the USAFA have dropped, but risen at the other academies. But they have dropped overall. The report does not indicate the disposition of the cases – founded or unfounded, court-martial or other disciplinary actions under the UCMJ.
Marine Times reports
It is a possibility:
The Army general commanding U.S. forces in northern Iraq has added pregnancy to the list of prohibitions for personnel under his command.
The policy, which went into effect Nov. 4, makes it possible to face punishment, including a court-martial and jail time, for becoming pregnant or impregnating a servicemember, according to the wording of the policy and confirmations from Army officials.
The military’s case against a Coast Guard captain accused of violating military code wrapped up Thursday with the officer’s lawyers admitting their client committed adultery and fraternized with enlisted women — but, they said, his behavior was not criminal.
Anchorage Daily News reports.
Here are some factors that will be considered by the IO, the SJA, the CA, and . . .
The nominee for the Pentagon’s top public affairs job promised Thursday he will review Defense Department policies to ensure that journalists are not being denied embeds with combat troops based on the tenor of their reporting, a practice exposed by Stars and Stripes last summer.
Reports Stars & Stripes
Someone has made a valid request of Congress, and they have agreed:
The House Armed Services Committee on Wednesday suspended its investigation of the Nov. 5 shootings at Fort Hood, Texas, until the Department of Defense had finished its investigation.
DoD requested that Congress wait until its review had been complete before calling DoD witnesses to testify in public hearings, according to a release from committee chairman Rep. Ike Skelton, D-Mo.
Court-Martial Trial Practice Blog
