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2 Jul 2008, 9:56 pm
Manual for Courts-Martial, United States at Pt. [read post]
15 Nov 2022, 4:30 am by Lawrence Solum
This Article provides a new, overarching explanation of when and why Congress may use non-Article III federal officials to adjudicate matters of public right as well as matters in territorial and military courts. [read post]
13 Apr 2011, 1:55 pm by Michelle Lindo McCluer
  Why is the military justice system so secretive on matters that should be public records? [read post]
25 Mar 2010, 8:05 pm by Dwight Sullivan
  In addition to MAJ Froehlich’s outstanding article on Melendez-Diaz, the Army Lawyer’s Military Justice Symposium Issue (Part I) also includes this article on Fourth Amendment law, this article on post-trial matters (focusing largely on post-trial delay and problems with CA actions), this article on impeachment evidence, and this annual review of developments in instructions. [read post]
17 Oct 2008, 11:54 am
Servicemembers are, however, entitled to pre-trial confinement credit at courts-martial for confinement served in a military brig. [read post]
1 Jul 2011, 2:10 pm by Dwight Sullivan
WHETHER THE COURT OF CRIMINAL APPEALS ERRED AS A MATTER OF LAW IN DECLINING TO APPLY MELENDEZ-DIAZ v. [read post]
23 Jun 2014, 4:00 am by Wells Bennett
  As a policy matter, they may be right in this particular case, but I respectfully disagree if they are asserting that these conclusions are legally compelled. [read post]
28 Nov 2022, 4:00 am by Administrator
David Whelan BC Estate Litigation BlogSpousal Status in Estate Litigation: Who is a “Spouse” and Why Does it Matter? [read post]
1 Apr 2012, 4:47 pm by Zachary Spilman
But this appellant didn’t argue lack of personal or subject matter jurisdiction, or that the court was improperly convened. [read post]
5 Apr 2007, 2:15 pm
Yet a six-member court-martial panel (or, for that matter, a five-member court-martial panel) can convict based on a 2/3 majority vote. [read post]
9 Jun 2018, 6:10 am by The Law Office of Philip D. Cave
Solicitor General to weigh in and brief the matter, the latter acknowledged the correctness of the decision in light of what it termed the “distinctive features” of Michigan’s law. [read post]
19 May 2011, 5:51 pm by Viking
Per the rule, it was the military judge’s responsibility, at this point in the proceedings, to address the matter, not the CA’s. [read post]
15 Apr 2011, 5:19 pm by Viking
However, "[w]hether the defendant is to testify is an important tactical decision as well as a matter of constitutional right. [read post]
31 Mar 2011, 4:25 pm by Viking
As you know we do not charge for our services, however over the years the military legal offices have kept track of the savings they have provided military members for legal assistance matters i.e. [read post]
2 Jun 2011, 4:02 pm by Viking
The trial counsel also must not inject matters that are not relevant into argument. [read post]
28 Nov 2011, 9:23 am by Viking
Here is an interesting lead to the Introduction: This is a case where a federal Circuit Court of Appeals found that the erroneous admission, for the truth of the matter asserted, of trial counsel’s out-of-court statement that his client was guilty was harmless. [read post]
27 Apr 2011, 2:22 pm by Dwight Sullivan
Instead, all discovery was denied for two pre-trials and the court martial itself. [read post]
22 Jul 2007, 8:02 am
THIS THE VERY SAME POLICY CONNOLLY EMPLOYS AGAINST THE CAMP PENDLETON EIGHT.CONNOLLY, lead investigator in the Camp Pendleton Eight cases, rigged the evidence (with his NCIS playmates) as a matter of accepted NCIS procedure. [read post]