![]() In order to show necessity, the defense must demonstrate three things: (1) the reason for the assistance (2) the goal the assistance is expected to accomplish and (3) the reason the defense is unable to gather the evidence without assistance. “As a matter of military due process, service members are entitled to investigative or other expert assistance when necessary for an adequate defense, without regard to indigency.” United States v. M for Expert (or Investigative) Assistance –Īs a confidential member of the defense team. 2001) restated the above and noted that the existence of good or bad faith on the part of the Trial Counsel did not affect his or her duty to take steps to collect and supplement discoverable information. To the extent that relevant files are known to be under the control of another governmental entity, the prosecution must make that fact known to the defense and engage in good faith efforts to obtain the material. IAW Simmons, records of another military agency involved in the investigation of the accused may be discoverable, and a Trial Counsel "must exercise due diligence" in reviewing the files of other government entities to determine whether such files contain discoverable information. The prosecution also has "a duty to learn of any favorable evidence known to the others acting on the government's behalf in the case, including the police." United States v. 1999), the Court held that the Trial Counsel must disclose “core files,” to include the prosecution's files in the case at bar. Pursuant to RCM 701(g)(1), the Military Judge may specify the time, place, and manner of making discovery and may prescribe such terms and conditions as are just. M to Compel Discovery - Article 46 says that the trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the president may prescribe. A huge pain for the TC if some of the records are in CONUS. Once reviewed, the military judge makes a ruling either allowing access to both sides, or denying access and resealing the records as an exhibit for appellate review. This witness need only deliver an accurate and sealed copy of the records to the military judge for in camera review. The proper procedure is for trial counsel to call the records custodian as an authenticating witness. Where Df gives a specific possibility that medical / mental / school (what else can you think of?) records contain exculpatory information, “he preferred practice is for the military judge to inspect the medical records in camera to determine whether any exculpatory evidence was contained in the file prior to any government or defense access. M for in Camera Review – A good one for sex cases and usually a winner. M for Sentence Credit – Prior Article 15 DISCOVERY and INFORMATION M for Sentence Credit – Article 13 (humiliation of AC) - Article 13, UCMJ M for Sentence Credit – Restriction in violation of Article 13 M for Sentence Credit – Restriction Tantamount to Confinement M for Sentence Credit – Pretrial confinement ![]() M to Consolidate Specifications - Larceny SENTENCE CREDIT M to Dismiss – SOFA Double Jeopardy – Article XXII, Para. M to Dismiss for Unreasonable Multiplication of Charges - See Discussion to R.C.M. M to Dismiss – Order to Perform Routine Duties M to Dismiss, Failure to State an Offense – RCM 603. M for Bill of Particulars – RCM 906(b)(6) M to Challenge Panel Member – Actual or Implied Bias ATTACKS AGAINST THE CHARGES AND SPECIFICATIONS M for New Article 32 Investigation – Improper Ex-Parte Contacts M for New Article 32 Investigation – Failure to Produce Necessary Witness – RCM 405(g) M to Dismiss for Prosecutorial Misconduct M for Appropriate Relief, Unlawful Command Influence – Article 37, UCMJ M Limine 1001(b)(5) Evidence ATTACKS AGAINST THE PROSECUTION M to Suppress Bank Records - The Right To Financial Privacy Act, -3422 M in Limine, Other Crimes, Wrongs, or Acts – MRE 404(b) ![]() M to Suppress Confession – Illegal Wiretap – 18 USC, Secs. M to Suppress Evidence – Lack of Probable Cause to Search – MRE 311, 315e ![]() M to Suppress Confession (Lack of Corroboration) - MRE 304(g)). M to Suppress Confession (Involuntary under the Circumstances) – MRE 305(a). ![]() M to Suppress Confession (Not Afforded Chance to See Counsel) M to Suppress Confession (Insufficient Rights Warning) MRE 304, 305 M for Mental Health Exam of Sexual Assault Victim MOTIONS IN LIMINE M for Expert (or Investigative) Assistance RCM 703 The Rules for Courts-Martial guide the form and types of motions that may be submitted.īelow is a checklist of common motions in the military: A motion is a request from either party for the court to grant a particular order or request for relief. ![]()
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