The July 2010 issue of the Army Lawyer: The gift that keeps on giving
I also initially overlooked these trial practice tips from a military judge: MAJ Matthew McDonald, A View from the Bench: “You Don’t Know What You Don’t Know”; Perspectives from a New Trial Judge.
So this article is about unknown unknowns?
The article was a bit disjointed. I was struck though by the Major’s statement that he would “cure” TC’s omissions of questions regarding elements – ostensibly to prevent a successful 917 motion. I’ve practiced before many judges who would not, and do not give the G that kind of pass (though often they would let the G reopen their case in chief instead of dismissing).
SDC agree, am about to put up a blog piece with some caselaw about RCM 614(b).
Yeah that was a little troubling. It was beyond annoying as a DC when a trial judge would assist government by asking the proper questions they missed, closing gaps in evidence, and otherwise assist TC in the presentation of their case.
There’s also MAJ Andrew Flor’s practice note on Spice.
Didn’t see last post… disregard all after…
If the process of a trial is about getting to the right result, and not winning b/c the TC forgot to ask a question, why is this a problem? I don’t see any complaints in here about MJ’s saving DC from IAC claims or ruling in favor of the Defense in the abundance of caution, which in my experience seems to be a more common practice.