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Blog Posts in July, 2011

COURT-MARTIAL CONVENING ORDERS

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 Feb. 4, 2010) (unpublished), review denied, 69 M.J. 189 M-27 (C.A.A.F. 2010) the accused's case was initially ...
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PANEL SELECTION AND ARTICLE 25, UCMJ

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, ...
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Right to be Present at Trial

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 ...
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TRIAL IN ABSENTIA - REMOVED FOR DISRUPTION

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). ...
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Right to Call Witness

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 ...
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PANEL MEMBERS - RIGHT TO CALL WITNESSES

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 Dec. 2, 2009) (unpublished) deals with the panel members' right to call witness.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 ...
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MILITARY JUDGE RECUSAL - MISCELLANEOUS.

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 Dec. 15, 2009) (per curiam) (unpublished) deals with military judge questioning witnesses.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 ...
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MILITARY JUDGE RECUSAL - INTEMPERATE COMMENTS

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 July 28, 2010) (unpublished) the Government initially filed an Article 62 appeal, challenging the military judge's decision to ...
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IMPROPER CONDUCT WITH OTHER JUDGE

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 ...
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MILITARY JUDGE RECUSAL

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) ...
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CONVENING AUTHORITY - DESIGNATION BY STATUTE OR SERVICE SECRETARY.

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 ...
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PERMISSIBLE TERM - WAIVE ALL WAIVABLE MOTIONS.

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 ...
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AMBIGUOUS PRETRIAL AGREEMENT PROVISIONS

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: ...
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DISQUALIFICATION - STAFF JUDGE ADVOCATE

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 ...
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