Blog Posts in July, 2011
Posted on Jul 31, 2011 By Tim Bilecki
In United States v. Gudger, No. 200900414, 2010 WL 381118 (N-M. Ct. Crim. App. Feb. 4, 2010) (unpublished), review denied, 69 M.J. 189 M-27 (C.A.A.F. 2010) the accused's case was initially ...
Continue reading "COURT-MARTIAL CONVENING ORDERS" »
Posted on Jul 30, 2011 By Tim Bilecki
According to Article 25, UCMJ, the convening authority must select members who, in the convening authority's personal opinion, are "best qualified" based on age, education, training, ...
Continue reading "PANEL SELECTION AND ARTICLE 25, UCMJ" »
Posted on Jul 29, 2011 By Tim Bilecki
The Supreme Court has long held that, "One of the most basic of the rights guaranteed by the Confrontation Clause [of the Sixth Amendment] is the accused's right to be present in the ...
Continue reading "Right to be Present at Trial" »
Posted on Jul 28, 2011 By Tim Bilecki
The civilian defendant in United States v. Ward, 598 F.3d. 1054 (8th Cir. 2010) was charged with production and possession of child pornography under 18 U.S.C. §§ 2251(a) and 2252(a)(4)(B). ...
Continue reading "TRIAL IN ABSENTIA - REMOVED FOR DISRUPTION" »
Posted on Jul 27, 2011 By Tim Bilecki
In United States v. Lampani, 14 M.J. 22, 26 (C.M.A. 1982), the COMA provided a non-exclusive list of factors a military judge must consider before denying a member's request for additional ...
Continue reading "Right to Call Witness" »
Posted on Jul 26, 2011 By Tim Bilecki
United States v. Story, No. 20061014 (A. Ct. Crim. App. Dec. 2, 2009) (unpublished) deals with the panel members' right to call witness. During the accused's trial, the members were on a ...
Continue reading "PANEL MEMBERS - RIGHT TO CALL WITNESSES" »
Posted on Jul 25, 2011 By Tim Bilecki
United States v. Davis, NMCCA 200900406 (N-M. Ct. Crim. App. Dec. 15, 2009) (per curiam) (unpublished) deals with military judge questioning witnesses. Accused pled guilty to conspiring to steal and ...
Continue reading "MILITARY JUDGE RECUSAL - MISCELLANEOUS." »
Posted on Jul 23, 2011 By Tim Bilecki
In United States v. Kirk, No. Misc. 20100443 (A. Ct. Crim. App. July 28, 2010) (unpublished) the Government initially filed an Article 62 appeal, challenging the military judge's decision to ...
Continue reading "MILITARY JUDGE RECUSAL - INTEMPERATE COMMENTS" »
Posted on Jul 22, 2011 By Tim Bilecki
United States v. Martinez, 69 M.J. ____ (A. Ct. Crim. App. Oct. 7, 2010) deals with improper conduct of the judge with other judge. The accused in this case was initially arraigned by a military judge ...
Continue reading "IMPROPER CONDUCT WITH OTHER JUDGE" »
Posted on Jul 21, 2011 By Time Bilecki
R.C.M. 902(a) provides "a military judge shall disqualify himself or herself in a proceeding in which that military judge's impartiality might reasonably be questioned." R.C.M. 902(e) ...
Continue reading "MILITARY JUDGE RECUSAL" »
Posted on Jul 20, 2011 By Tim Bilecki
In United States v. Smith, 69 M.J. ____ (A. Ct. Crim. App. Aug. 10, 2010) the Acting Commander, Fort Lewis, referred charges against the accused to court-martial. On M-15 appeal, the defense argued ...
Continue reading "CONVENING AUTHORITY - DESIGNATION BY STATUTE OR SERVICE SECRETARY." »
Posted on Jul 19, 2011 By Tim Bilecki
In United States v. Kuhn, ACM 37357 (A.F. Ct. Crim. App. Mar. 8, 2010), review denied, 69 M.J. 170 (C.A.A.F. 2010) the accused pled guilty to five specifications of wrongful use of cocaine. Per his ...
Continue reading "PERMISSIBLE TERM - WAIVE ALL WAIVABLE MOTIONS." »
Posted on Jul 18, 2011 By Tim Bilecki
In United States v. Craven, 69 M.J. 513 (A.F. Ct. Crim. App. 2010), review denied, 69 M.J. 209 (C.A.A.F. 2010) the accused pled guilty pursuant to a pretrial agreement that included this quantum: ...
Continue reading "AMBIGUOUS PRETRIAL AGREEMENT PROVISIONS" »
Posted on Jul 18, 2011 By Tim Bilecki
United States v. Stefan, No. 20081097 (A. Ct. Crim. App. Jan. 29, 2010) (summary disposition) (unpublished), review granted, 69 M.J. 171 (C.A.A.F. 2010) deals with the issue of disqualification of ...
Continue reading "DISQUALIFICATION - STAFF JUDGE ADVOCATE" »