Recently added articles from The Army Lawyer:
Foreword
Jun 01, 2008; Johnson, Mark L ... Welcome to the thirteenth annual Military Justice Symposium, where the criminal law faculty discuss important cases and trends from the 2007 term of court. This year we are publishing the symposium in one issue of The Army Lawyer. It contains articles covering the Fourth and Sixth Amendments, as ...
Practicing What the Court Preaches1-2007 New Developments in Fourth Amendment Search and Seizure Law
Jun 01, 2008; Stewart, Stephen R ... The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and ...
Pass Go, Collect $200, and Hire Yourself an Expert: Article 46 of the Uniform Code of Military Justice and the Defense's Right to a Government-Funded Expert
Jun 01, 2008; Coombs, David Edward ... Introduction In trials by court-martial, the defense and the government have equal access to witnesses and evidence. The source for this right is Article 46 of the Uniform Code of Military Justice (UCMJ).1 Under Article 46, an accused is entitled to an expert witness without regard to ...
If It Walks Like a Duck, Talks Like a Duck, and Looks Like a Duck, then it's Probably Testimonial
Jun 01, 2008; Lancaster, Nicholas F ... Introduction The three most prominent current issues in Sixth Amendment jurisprudence in the military are determining whether a hearsay statement is testimonial or nontestimonial, whether lab reports should be considered testimonial, and whether nontestimonial statements implicate the ...
Flying Without a Net: United States v. Medina & Its Implications for Article 134 Practice
Jun 01, 2008; Hoege, Howard H III ... It is a mystery to me why, after this Court's ten-year history of invalidating convictions for child pornography offenses under clause 3, and of upholding convictions for such offenses under clause 2, we continue to see cases charged under clause 3.1 And so it goes . . . Judge Stucky's ...
More Than Just Implied Bias . . . : The Year in Pleas and Pretrial Agreements, Article 32, and Voir Dire and Challenges
Jun 01, 2008; Pflaum, Patrick D ... Introduction The 2007 term for the United States Court of Appeals for the Armed Forces (CAAF) and the service courts of criminal appeals yielded a bumper crop of cases in the area of pretrial procedures. As has been a recent trend, the courts continued to handle a steady volume of cases ...
Military Sentencing 101-Back to the Basics
Jun 01, 2008; Kohn, Maureen A ... Introduction "Have you first checked the big red book?"1 This is the answer most new counsel receives when they ask questions regarding court-martial procedures. The supervisor is not being lazy, but ensuring that the counsel has at least opened the Manual for Courts-Martial and read the ...
The Lion Who Squeaked: How the Moreno Decision Hasn't Changed the World and Other Post-Trial News
Jun 01, 2008; Varley, James L ... Introduction The 2007 term for the Court of Appeals for the Armed Forces (CAAF) and the service courts was of great interest to post-trial practitioners. The first part of this article addresses the continuing development of post-trial delay jurisprudence in light of CAAF's 2006 United ...
Professional Responsibility on the Edge
Jun 01, 2008; Hawks, Kwasi L ... If you're not living on the edge then you're taking up too much room.1 Professional responsibility on the edge? It may strike you that approaching professional responsibility by studying the edge or boundaries of the rules is a problem in itself. It just seems right that in trial work in ...
Unlawful Command Influence-Still with Us; Perspectives of the Chair in the Continuing Struggle Against the "Mortal Enemy" of Military Justice
Jun 01, 2008; Johnson, Mark L ... Introduction The past term brought no cases from the Court of Appeals for the Armed Forces (CAAF) to the area of unlawful command influence. However, there were several service court cases that illustrate the continuing struggle with unlawful command influence (UCI) and the need for ...
Annual Review of Developments in Instructions-2007
Jun 01, 2008; O'Brien, Edward J; Grammel, Timothy ... Introduction This annual installment of developments in instructions covers cases decided by the Court of Appeals for the Armed Forces (CAAF) during its 2007 term1 and focuses on crimes, defenses, and evidence. It is written for military trial practitioners, and frequently refers to the ...
CLE News
Jun 01, 2008; Anonymous ... 1. Resident Course Quotas a. Attendance at resident continuing legal education (CLE) courses at The Judge Advocate General's Legal Center and School, U.S. Army (TJAGLCS), is restricted to students who have confirmed reservations. Reservations for TJAGSA CLE courses are managed by the ...
Current Materials of Interest
Jun 01, 2008; Anonymous ... 1. The Judge Advocate General's School, U.S. Army (TJAGLCS) Materials Available Through The Defense Technical Information Center (DTIC). Each year, TJAGSA publishes deskbooks and materials to support resident course instruction. Much of this material is useful to judge advocates and ...