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In this episode we discuss the recent CAAF case of United States v. Day, which declined a defense invitation to overrule its precedent and held "attempt to conspire" continues to be an offense under the UCMJ (even though most jurisdictions reject such an offense).  We then move into a discussion of effective presentation style, with Major Allen Abrams discussing the effective use of volume.  Happy New Year!

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In today's episode we will discuss some of the provisions of the FY23 NDAA.  At the time the Podcast was originally recorded the Senate had not yet passed the bill but, at the time of posting, it has--so disregard any discussion of potential changes to the bill.  In our advocacy portion, Major Allen Abrams will discuss the highs and lows of pitch, which is part three of his presentation of Presentation!  

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In this episode Darrel discusses the two Air Force Court of Criminal Appeals opinions that were published in 2022:  U.S. v. Anderson and U.S. v. Heppermann.  The first case deals with waiver and the second case focuses on statutory construction; although the legal issue was legal and factual sufficiency.  We then turn to our advocacy portion where Major Allen Abrams discusses, and gives examples of, pacing and the impact it has on conveying meaning beyond the words themselves.  

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In this episode you will hear Darrel Johnson discussing the CAAF case of United States v. Black, which was an Article 62 appeal of the trial judge's suppression of evidence seized after a consent search, but where that consent was sought based on an illegal search of the appellant's cellular phone.  Turning to our advocacy portion, Major Allen Abrams provides an introduction into a multi-part series on how to improve your delivery -- that is the "how" you say rather than just the "what" you say.  

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In this week's episode Major Allen Abrams discusses an a doctoral thesis that focuses on the impacts on service member when the member is court-martialed on weak charges and then discusses word choice at court-martial and how getting rid of coordinating conjunctions may improve your story-telling.  

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In this episode we discuss United States v. Bench, a CAAF cases that involves the remote testimony of a child witness, but the real issue is whether the Confrontation Clause is offended when trial counsel deceives the child witness by falsely informing them that the accused is not present and will not hear the child's testimony.  We then turn to Military Rule of Evidence 608(b), which allows counsel to cross-examine a witness on specific instances of contact that speak to the veracity of the testifying witness.  

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Season 2 of Litigator Libations kicks off with a discussion of US v. Nelson a case where CAAF resolves nothing.  The issue is the proper remedy for an Article 31 rights violation but although three judges agreed the NMCCA should be affirmed, they could not agree as to why -- no precedential value but an interesting issue.  We next discuss the science and art of voir dire.  Welcome back to Litigator Libations!

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In this week's episode we discuss the recent case of United States v. Palacios Cueto, which is a case where the appellant attacked every attorney at trial:  IAC claims for the defense and prosecutorial misconduct for the government.   All to no avail but an interesting case nonetheless.  We then discuss using (or, more accurately, not using) a lectern during arguments at trial.  

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This episode comes a day late but contains some great information on the newly published DAFI 36-3211, Military Separations, as well as closing out the discussion on Prior Consistent Statements.  Thank you, again, Major Allen Abrams for the helpful info!

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In this week's episode Allen Abrams returns to educate us on the Supreme Court downgrading Miranda warnings from a Constitutional protection to a prophylactic measure; he then begins our journey down the path to effective use of prior consistent statements.  Enjoy!