Recent Posts in Court Category
Posted on Sep 2, 2011 By Tim Bilecki
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 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 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 Dec. 2, 2009) (unpublished) deals with the panel members' right to call witness.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 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 July 28, 2010) (unpublished) the Government initially filed an Article 62 appeal, challenging the military judge's decision to ...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 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 Jan. 29, 2010) (summary disposition) (unpublished), review granted, 69 M.J. 171 (C.A.A.F. 2010) deals with the issue of disqualification of ...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" »
Posted on May 19, 2011 By Tim Bilecki
In United States v. Cox, No. 20080819, 2010 WL 3522561 (A. Ct. Crim. App. Jan. 11, 2010) (unpublished) the convening authority took action in this case in sixty-one days after trial, but then the ...
Continue reading "Unreasonable delay" »