81 - United States v. Davis and Victims at Motion Hearings
Update: 2025-02-21
Description
This week we discuss United States v. Davis, where the majority at CAAF held that where a military judge removes himself from a case to avoid granting a defense motion, and then details a different judge to the same case in hopes of the motion being denied, was not structural error and, although wrong, did not prejudice the appellant. We then hear from Captain John Fredericks on a recent trend of represented victims refusing to appear at MRE 412 or MRE 513 motion hearings and he provides advise on how to ensure those witnesses appear and provide testimony necessary to resolve the motion.
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