Blog Posts in August, 2011
Posted on Aug 31, 2011 By Tim Bilecki
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 By Tim Bilecki
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 By Tim Bilecki
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 By Tim Bilecki
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 Apr. 19, 2010) (unpublished) deals with witness availability and alternative to live testimony.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 By Tim Bilecki
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 June 3, 2010) (unpublished) deals with the issue of confrontation clause/due process.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 By Tim Bilecki
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 By Tim Bilecki
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" »
Posted on Aug 15, 2011 By Tim Bilecki
According to Article 32(a), UCMJ, "No charge or specification may be referred to a general court martial for trial until a thorough and impartial investigation of all the matters set forth ...
Continue reading "ARTICLE 32 PROCEEDINGS" »
Posted on Aug 12, 2011 By Tim Bilecki
United States v. White, No. 20061313 (A. Ct. Crim. App. Aug. 11, 2010) (unpublished) deals with the issue of a member expecting a guilty accused to plead guilty. During individual voir dire, panel ...
Continue reading "Member expects a guilty accused to plead guilty" »
Posted on Aug 10, 2011 By Tim Bilecki
United States v. Hudson, No. 37249 (A.F. Ct. Crim. App. Aug. 23, 2010) (unpublished) deals with the issue of a member having contact during trial with the SJA. Following voir dire and challenges but ...
Continue reading "Member had contact during trial with SJA" »
Posted on Aug 8, 2011 By Tim Bilecki
In United States v. Bagstad, 68 M.J. 460 (C.A.A.F. 2010) the accused was tried at special court-martial by a threemember panel composed of one Marine captain (Capt O-3), one first sergeant (1stSgt ...
Continue reading "IMPLIED BIAS - GENERALLY" »
Posted on Aug 5, 2011 By Tim Bilecki
In United States v. Gabriel, NMCCA 200900429, 2010 WL 380994 (N-M. Ct. Crim. App. Feb. 4, 2010) the accused was convicted of rape, battery, and indecent exposure in contested case before an enlisted ...
Continue reading "PEREMPTORY CHALLENGES - INEFFECTIVE ASSISTANCE OF COUNSEL" »
Posted on Aug 4, 2011 By Tim Bilecki
Under R.C.M. 912(f)(4), if "objectionable" member does not sit on the panel (for example, if defense counsel uses preemptory challenge to excuse the member), the appellate court will not ...
Continue reading "CAUSAL CHALLENGES" »
Posted on Aug 3, 2011 By Tim Bilecki
In Treesh v. Bagley, 612 F.3d 424 (6th Cir. 2010) on appeal, civilian defendant in death penalty case argued defense counsel was ineffective for not challenging two jurors for cause. The first juror ...
Continue reading "CAUSAL CHALLENGES - INEFFECTIVE ASSISTANCE OF COUNSEL" »
Posted on Aug 2, 2011 By Tim Bilecki
In United States v. Bolden, 596 F.3d 976 (8th Cir. 2010) the civilian defendant's girlfriend spoke to two jurors during a recess in the trial. Both jurors were questioned about their ...
Continue reading "REMOVING MEMBER DURING TRIAL" »
Posted on Aug 1, 2011 By Tim Bilecki
Under Article 41(b)(1), UCMJ each side is afforded one peremptory challenge unless new members are detailed. United States v. Arriaga, ACM 37439, 2010 WL 2265581 (A.F. Ct. Crim. App. May 7, 2010) ...
Continue reading "VOIR DIRE & CHALLENGES - GENERALLY" »