Neal, Based on the deadlines placed by the initial judge and recalculating them based on the new trial date, here is what is due and when: Required Notifications – 7 calendar days before trial: 4 October 2011 Notice of Special/Affirmative Defenses - 7 calendar days before trial: 4 October 2011 Action on Outstanding Witness Request(s) - 7 calendar days before trial: 4 October 2011 Motions - 14 calendar days before trial: 27 September 2011 Response to Motions – 3 days after receipt of motions: 30 September 2011 Exchange of Gov’t and Defense Witness Lists: 14 calendar days before trial: 27 September 2011 Notice of Pleas and Forum: 7 calendar days before trial: 4 October 2011 Voir Dire: 3 duty days before trial: 5 October 2011 Member Credit Data: 1 month before trial: 11 September 2011 Often what I will do is put in my notices as soon as possible but always place a notation in them that if anything changes we will notify trial counsel and the MJ ASAP. As to the form or 1Lt Burke’s plea, looking at RCM 910 and discussing with one of the Chief’s up here, it’s our opinion he simply plead not guilty to all charges and specifications. There’s no guidance or instruction on actually pleading not guilty by reason of lack of mental responsibility. We do have to provide notice of it as a special defense under RCM 916(k), but it’s not part of the plea. I’ve attached the section from the military judge’s benchbook on mental capacity so you can review the procedures/instructions the MJ will likely follow based on a defense, or partial defense, of lack of mental responsibility. Also, just as a reminder, MRE 302 covers the privilege concerning the mental responsibility of the accused. /r Ranae L. Doser-Pascual, Capt, USAF AFLOA/JAJD Deputy Chief Policy and Training Joint Base Andrews NAF, MD DSN: 612-4792 COMM: 240-612-4792 |
Attachment:
BenchBook MentalCapacity.pdf
Description: Adobe PDF document
Attachment:
smime.p7s
Description: S/MIME cryptographic signature