Category Archives: Military Law
New Podcast Episode: Military Rules of Evidence
We recently released another episode of the Military Justice Today Podcast covering the 100 series of the Military Rules of Evidence, including how to effectively argue them before and during a court-martial trial. To listen to the full episode, click here.
New Podcast: The Firing of BG Warren Wells
Another episode of Military Justice Today has been released. And it marks the return of Mickey Williams! This podcast show covers the recent removal of Brigadier General Warren Wells from the Office of Special Trial Counsel, including the guys’ thoughts on the message it sends to all participants in the military justice system as… Read More »
New Podcast Episode: Military Leaks
In this episode of MJT, the attorneys from Capovilla & Williams are joined by Jonathan Lehrfeld, reporter for the Military Times and host of the Early Bird Brief Podcast, to discuss recent leaks of classified material as well as issues related to media coverage, protection of sensitive intelligence, and other interesting aspects of these… Read More »
New Podcast Episode: NDAA Update
In this episode of MJT, former JAG and professor of law Dave Schlueter joins the show to discuss changes set forth in the 2022 and 2023 NDAA, including the role of the commander, creation of the Special Trial Counsel, sentencing, and other hotly debated topics.
Let Them Speak: Direct Examination of Witnesses
The burden of proof at a court martial is on the prosecution: if they can’t prove to the panel beyond a reasonable doubt that you committed the crime you’re accused of, you’ll go free. This simple fact determines the structure of the trial proceedings. After opening statements from both sides, the prosecuting attorney will… Read More »
Opening Statements: The Story Begins
Popular culture reveres the closing argument. Movies like My Cousin Vinny or A Time to Kill emphasize the importance of the closing statement. Who can forget “now imagine she’s white”? The entire courtroom stops; the judge is touched by emotion, and the jury is in tears. This isn’t how it works in real life…. Read More »
Voir Dire and Panel Selection
After your arraignment and motions hearings, and after the court has decided what kind of evidence it will and won’t allow, your trial officially begins with the selection of your panel. As we noted earlier the panel—the military’s term for jury—consists of eight servicemembers of your own rank or higher selected from a pool… Read More »
The “He Has Done It Before Rule”
Generally speaking, the rules for a court martial do not allow prosecutors to introduce as evidence other crimes committed by the defendant in the past. Military Rule of Evidence 413 is an exception. Rule 413 says that accusations of prior sexual misconduct can be admitted at a sexual assault court martial as evidence of… Read More »
The Rape Shield Law
Servicemembers charged with sexual assault need to know about Military Rule of Evidence 412, known as the Rape Shield Law. Rule 412 is designed to protect the privacy and dignity of victims of sexual assault by ruling evidence about the accuser’s sex life that isn’t strictly relevant to the charged offense inadmissible. Your accuser… Read More »
Two Hearings: Arraignment and Motions
The court martial is under way. First up: Two pre-trial hearings and the beginning of the discovery phase, where each side shares its evidence with the other and builds its case. We’ll talk about discovery in the next post. In this one, we want to discuss the two pre-trial hearings. The Arraignment Hearing The… Read More »
