Shaping The Battlefield III: Rule 412 Motions in Military Practice (Paperback) (ISBN-13: 9781737735557)

Providing A Strategy For Military Counsel When Litigating Rule 412 motions.

Ms. Stewart has appeared before more than fifty-four military judges of various service courts, and she has drafted and responded to hundreds of Rule 412 motions since 2005. From experience in nearly two decades of litigating sexual assault cases as a military prosecutor, uniformed defense counsel, and civilian defense practitioner, Ms. Stewart knows that sexual assault cases crowd the docket more than any other single type of case. Rule 412 motions are litigated in nearly each of those cases, and they, like all motions, voir dire, and instructions, have the power to shape the battlefield.

As a former JAG for the U.S. Army, Jocelyn C. Stewart prosecuted and defended Soldiers on active duty from 2004 to 2012. Since 2012, UCMJ attorney Stewart has been providing superior representation exclusively to service members in need across all military branches worldwide. Ms. Stewart is determined to provide the best legal counsel possible using unimpeachable tactics to protect each client's career, reputation and freedom.

This book is the third in Ms. Stewart's excellent "Shaping the Battlefield" series of how-to guides for courts-martial litigation. It follows her two earlier books on drafting and litigating motions in military trials. Unlike previous books, this version steps forward into a specific area of litigation: the complex and challenging realm governed by Military Rule of Evidence (MRE) 412. With its heavy emphasis on sexual assault-type crimes, the military litigates "412 matters" more frequently than other jurisdictions. This makes MRE 412 required reading for any military justice practitioner, uniformed or civilian. Whether something "is or is not MRE 412" is a question frequently asked. The rule's ambit reaches far beyond trial, impacting administrative boards, Article 32 preliminary hearings, and many other actions. While this book is focused on motions practice, it also can serve as a valuable resource outside courts-martial as well. Given its parallel language to Federal Rule of Evidence 412 and several states who adopted the same, this book can assist anyone who litigates Rule 412 issues.

• What Kind Of Motion Is A Rule 412 Motion
• How To Look For Rule 412 Facts From A Client
• How To Identify The Rule 412 Basis For Admission
• How To Prepare For Legal Writing In Rule 412 Motions
• Why You Need An Article 39A Session
• The Importance Of Calling The Complainant As A Witness In Rule 412 Motions
• How To Prepare For Oral Argument
• How To Litigate Rule 412 Motion
• Why It's Crucial To Anticipate Questions From A Military Judge
• and much more.

Winning or losing a MRE 412 motion can mean winning or losing the entire court-martial. This book fills an important gap in existing legal training and underscores the significance of MRE 412 in military criminal practice.

Read Shaping The Battlefield III: Rule 412 Motions In Military Practice