Court Martial Defense Blog
Posted on Aug 31, 2012
I. UNITED STATES V. SAVARD, 69 MJ. 211 (C.A.A.F. 2011) Procedural History: The appellant was convicted of multiple specifications of falsifying documents to steal allowances and entitlements. Facts: ...
Continue reading "Motions and Writs" »
Posted on Aug 24, 2012
This is the latest information being put out by the Air Force Drug Testing Lab regarding testing for Spice. A MESSAGE FOR THE CORPS Spice Testing Update Synthetic cannabinoids, often referred to as ...
Continue reading "Latest News On Spice Testing" »
Posted on Aug 23, 2012
In United States v. Boie, M.J. (A.F. Ct. Crim. App. 2011), the accused impregnated his girlfriend and they subsequently married. The accused was very unhappy about the pregnancy and tried to convince ...
Continue reading "Article 119a - Death or Injury of an Unborn Child" »
Posted on Aug 15, 2012
In Kentucky v. King, S. Ct. 1849 (2011), King conditionality pled guilty to numerous drug offenses after losing a motion to suppress evidence from a warrant less search. The Kentucky Court of Appeals ...
Continue reading "Search and Seizure" »
Posted on Aug 7, 2012
United States v. Behenna, 70 MJ. 521 (Army Ct. Crim. App. July 21, 2011), pet. for grant of rev. filed, No. 12-0030/AR (C.A.A.F. Sept. 19, 2011). Procedural History: Behenna was convicted of ...
Continue reading "Cases on the Horizon" »
Posted on Aug 1, 2012
Procedural History: Luke was convicted in 1999 of two specifications of indecent assault of a shipmate and was sent to two years confinement and a bad-conduct discharge. Evidence produced against Luke ...
Continue reading "United States V. Luke, 69 MJ. 309 (C.A.A.F. 2011)" »
Posted on Jul 26, 2012
In United States v. Baker, 70 M.J. 283 (C.A.A.F. 2011) the issue before the CAAF was whether the Army Court of Criminal Appeals erred (1) in finding that the military judge's suppression of the ...
Continue reading "MRE 321 - Eye Witness Identification" »
Posted on Jul 18, 2012
In United States v. Boie, ACM 37546 (A.F. Ct. Cim. App. 011) (slip op.) the Appellant was convicted by officer and enlisted members, in accordance with his pleas, among other things, of one ...
Continue reading "Proceeding in Revision" »
Posted on Jul 9, 2012
In United States v. Truss, 2011 WL 3891821 (A. Ct. Cim. App.) the appellant was convicted by a military judge of two specifications of sodomy and one specification of assault consummated by battery. ...
Continue reading "Special Findings" »
Posted on Jul 3, 2012
In J.D.B. v. North Carolina, 131 S.Ct. 2394 (2011) the appellant, J.D.B., was a 13-year-old 7th-grade student who was adjudicated delinquent for breaking and entering and larceny. The North Carolina ...
Continue reading "The Miranda Trigger - Custody" »
Posted on Jun 26, 2012
The current Article 120 became law on October 1, 2007. Congress completely re¬ wrote the UCMJ provisions on sexual crimes. One goal of the new statute was to shift the focus of sexual crimes from ...
Continue reading "Consent Defenses in Art. 120 Adult Offenses" »
Posted on Jan 11, 2012
In UNITED STATES v. SCHUBER, 70 MJ 181 (C.A.A.F. 2011) Schuber was subject to restriction not tantamount to arrest during the period following his 71 days in pretrial confinement, where accused was ...
Continue reading "Post-Confinement Restriction" »
Posted on Nov 15, 2011
A U.S. soldier accused of being the ringleader behind a rash of murders last year that targeted Afghan civilians has been sentenced to life in prison. Staff Sgt. Calvin Gibbs, of Billings, Mont., was ...
Continue reading "Soldier gets life" »
Posted on Sep 14, 2011
In Briscoe v. Virginia, 130 S.Ct. 1316 (2010) Mark Briscoe was convicted in a Virginia court for possession with the intent to distribute cocaine and unlawful transportation of cocaine into the ...
Continue reading "Violation of Confrontation Rights" »
Posted on Sep 12, 2011
Briscoe v. Virginia, 130 S.Ct. 1316 (2010) deals with literal confrontation. At trial, the prosecution introduced, in accordance with Virginia law and over defense objection, two certificates of ...
Continue reading "LITERAL CONFRONTATION" »
Posted on Sep 8, 2011
In United States v. Daniel Garcia, __ M.J. __, No. 1317 (C.G. Ct. Crim. App. June 3, 2010) Seaman Daniel Garcia was convicted, contrary to his pleas, of aggravated sexual assault and wrongfully ...
Continue reading "Denial of Request to Tape Record Article 32 Proceeding is Not a Volation of Confrontation Rights" »
Posted on Sep 5, 2011
In United States v. Elijah Garcia, 68 M.J. 561 (C.G. Ct. Crim. App. 2009) Seaman Elijah Garcia pled guilty to and was convicted of various offenses, including distribution of a controlled substance ...
Continue reading "Request to Tape Record the Article 32 Proceedings" »
Posted on Sep 2, 2011
The C.A.A.F. has recently granted review in three cases involving M.R.E. 412(b)(1)(C), which may indicate that the C.A.A.F. is reconsidering its decision in Banker. The cases, and the issues granted, ...
Continue reading "Recent C.A.A.F. Grants Involving M.R.E. 412 and Confrontation" »
Posted on Aug 31, 2011
In United States v. Roberts, 69 M.J. 23 (C.A.A.F. 2010) the issue was whether the military judge erred in excluding evidence of relationship such that it violated Robert's constitutional ...
Continue reading "Confrontational Rights" »
Posted on Aug 29, 2011
United States v. Smith, 68 M.J. 445 (C.A.A.F. 2010) deals with the right to confront. The sodomy, extortion, and indecent assault charges stemmed from an allegedly nonconsensual sexual encounter Smith ...
Continue reading "Right to Confront" »
Posted on Aug 26, 2011
In United States v. Smith, 68 M.J. 445 (C.A.A.F. 2010) the issue was whether Smith was denied his right to confront the accuser. Webster Smith, a Coast Guard Academy Cadet, was convicted, contrary to ...
Continue reading "RESTRICTIONS ON CONFRONTATION IMPOSED BY LAW" »
Posted on Aug 24, 2011
United States v. Faison, ACM 37464 (A.F. Ct. Crim. App. Apr. 19, 2010) (unpublished) deals with witness availability and alternative to live testimony. At the Article 32 hearing, investigating officer ...
Continue reading "WITNESS AVAILABILITY/ALTERNATIVE TO LIVE TESTIMONY." »
Posted on Aug 22, 2011
United States v. Garcia, CGCMG 0258 (C.G. Ct. Crim. App. June 3, 2010) (unpublished) deals with the issue of confrontation clause/due process. The defense counsel requested the Government record and ...
Continue reading "ARTICLE 32 RECORDINGS -CONFRONTATION CLAUSE/DUE PROCESS." »
Posted on Aug 19, 2011
In United States v. Garcia, 68 M.J. 561 (C.G. Ct. Crim. App. 2009), review denied, 69 M.J. 83 (C.A.A.F. 2010) the accused pled guilty to several offenses pursuant to an approved pretrial agreement. ...
Continue reading "ARTICLE 32 RECORDINGS - CONFRONTATION CLAUSE/DUE PROCESS." »
Posted on Aug 17, 2011
United States v. Davis, 64 M.J. 445, 448-49 (C.A.A.F. 2007) provides that as a threshold matter, "When reviewing allegations of error in an Article 32, UCMJ, investigation, we will reverse only ...
Continue reading "Article 32" »