Aug 12, 2011 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 Aug. 11, 2010) (unpublished) deals with the issue of a member expecting a guilty accused to plead guilty.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 member said he observed a trial of one of his Soldiers who had been charged with sexually abusing a child. He […]
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 Aug. 23, 2010) (unpublished) deals with the issue of a member having contact during trial with the SJA.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 before opening statements, the military judge advised the panel members to avoid the appearance of improper conduct and that the members […]
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 E-8), and one gunnery sergeant (GySgt E-7). The Capt was the GySgt’s rater, so the rater and ratee could form the necessary two-thirds (⅔) to […]
Aug 5, 2011 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 panel. On appeal, accused argued his defense counsel was ineffective for not using a peremptory challenge against a Master Sergeant (MSgt) whose […]
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 review the military judge’s denial of a challenge for cause for that member. The causal challenge is also waived on appeal if the party exercising the challenge does […]
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 May 7, 2010) (unpublished) deals with a contested trial where the accused was found guilty of housebreaking and indecent assault. Shortly before the trial, the 20th Fighter Wing […]
Panel Selection and Article 25, UCMJ Historical case discussion: This article examines the selection process in the 2009 Gooch appeal. The statutory qualifications remain relevant, but current Article 25 also requires randomized selection of qualified personnel to the maximum extent practicable under presidential regulations. That requirement applies to courts-martial convened on or after 23 December […]
Jumping From a Military Vessel Into the Water: Article 87(b) A deliberate jump from a vessel in use by the armed forces into the water can lead to a charge under Article 87(b) when it is wrongful and intentional. The prosecution must prove the vessel was in use by the armed forces, the jump, and […]
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 two-hour break after both sides had rested but before closing arguments and instructions. When the panel returned, a member asked to call an […]