Court-Martial Trial Practice Blog

ACCA has decided Gipson – an SJA case.

September 29, 2009 | The Law Office of Philip D. Cave

United States v. Gipson, ARMY 2007 0521 (A. Ct. Crim. App. 28 September 2009).

This case has an unusual [if mundane] procedural history.. . .

Appellant claims on appeal he was prejudiced by the SJA’s failure to serve him with new matters in the addendum, in violation of R.C.M. 1106(f)(7); and this court erred in its Reinert holding that (1) the government’s writ of prohibition was an extraordinary matter, and (2) the military judge did not have authority to grant appellant additional days of confinement.

Attorney-client privilege

September 29, 2009 | The Law Office of Philip D. Cave

Here is a good post from FederalEvidence blog.

Inadvertent Disclosure Under FRE 502(b) Not Shown By Failure To Assert Privilege Promptly

Court denies motion to compel return of e-mail message after concluding the disclosure was not inadvertent under FRE 502(b) since defense counsel “had ample opportunity to discover and assert the claimed privileged status of the e-mail” and failed to do so, in Clarke v. J.P. Morgan Chase & Co., No. 08 Civ. 02400, slip op. (SDNY Apr. 10, 2009)

Sex offender registration.

September 29, 2009 | The Law Office of Philip D. Cave

Cory Yung at SexCrimes is reporting:

DOJ issued a press release today announcing the first two jurisdictions to implement the Sex Offender Registration and Notification Act (SORNA), part of the Adam Walsh Act. The two jurisdictions? Ohio and the Confederated Tribes of the Umatilla Indian Reservation (in Oregon). While applauded as a important achievement, there is no comment about the dysfunction California seems to be encountering.

Vaccine programs – Anthrax, now flu?

September 29, 2009 | The Law Office of Philip D. Cave

September 29, 2009, in Suits & Sentences.

Troops lose challenge to anthrax vaccination

Eight members of the U.S. military who challenged a mandatory anthrax vaccination have lost, again.

Like the phoenix this is an old story that is likely to rise again in light of the proposed DoD flu shot program. Don’t know about others, but I’ve already been contacted by several pregnant or nursing military personnel who want to refuse the flu vaccine because of concerns about their baby.

More on NCIS taping interrogations.

September 29, 2009 | The Law Office of Philip D. Cave

Earlier comments on this subject are here and here.

In particular here is the new NCIS policy. NCIS video/audio taping is not new as this report suggests — Naval Criminal Investigative Service: Fraud Interview Policies Similar to Other Federal Law Enforcement Agencies (Letter Report, 04/07/97, GAO/NSIAD-97-117).

In fiscal year 1996, NCIS agents videotaped 56 interviews and 23 interrogations, 51 (or 65 percent) of which involved child abuse cases. Most of the remaining videotapings involved cases of assaults, homicides, and rapes. NCIS fraud agents said that they audiotape very few interviews.

Pendleton Fallouja trial.

September 29, 2009 | The Law Office of Philip D. Cave

Marine set for court martial at Camp Pendleton in the death of an Iraqi prisoner

L.A. Now, September 28, 2009 | 8:56 pm

A court martial is to begin Tuesday at Camp Pendleton for the last of three Marines accused of killing unarmed prisoners during battle in Fallouja, Iraq.

Sgt. Jermaine Nelson, 28, is charged with unpremeditated murder and dereliction of duty in the death of a prisoner during the first days of the Marines’ mission to clear insurgents from the Anbar province city in November 2004.

Brown CM, Bragg, today.

September 29, 2009 | The Law Office of Philip D. Cave

Fayetteville Observer.com, by John Ramsey

Five enlisted men and four officers were selected Monday as the jury that will decide whether Sgt. Justin A. Boyle is guilty of involuntary manslaughter in the death of a fellow paratrooper.

During jury selection Monday afternoon, a major and a colonel were dismissed, leaving a jury of four first sergeants, three majors, a lieutenant colonel and a sergeant major.

Robstown soldier to be court martialed for disappearence.

September 28, 2009 | The Law Office of Philip D. Cave

This is the title of a short piece on Caller.com. His name’s not Watada so he’s going to general court-martial.

Supreme oral argument.

September 28, 2009 | The Law Office of Philip D. Cave

Here are the cases with potential impact on military justice for November argument – courtesy SCOTUSBlog.

Florida v. Powell (08-1175) — police duty to expand “Miranda warnings” before questioning suspect.

Georgia Sends Sex Offenders Into the Woods.

September 28, 2009 | The Law Office of Philip D. Cave

This is the headline of an article on TheSlatest.

Zoning laws have forced sex offenders in the Atlanta suburb of Marietta, Ga., to live in a makeshift camp in the woods—in spite of the fact that several of them own homes. According to the Associated Press, registered sex offenders in Marietta are being directed by parole officers to an encampment behind an office park—one of the few places in the town where offenders can live without violating zoning laws.

This is not the only location where sex offenders are being driven to homelessness. Florida has a particular town where the sex offenders are being driven to live under a freeway.

Does this help or hurt? Does forcing a sex offender into homelessness and drifting aid in the purpose of knowing where they are or JNIMBY.