2008 edition - Fort Sam Houston - U.S. Army
2008 edition - Fort Sam Houston - U.S. Army 2008 edition - Fort Sam Houston - U.S. Army
App. 13 APPENDIX 13 I don’t know the serial numbers on any of the bills. One of the $1.00 bills was patched together with scotch tape and one of the fellows told me that the accused had used a $1.00 bill just like that in a poker game the day after my wallet was missing. Objection and ruling Upon objection by the defense, so much of the answer of the witness as pertained to what he had been told was stricken. Stipulation The trial counsel offered in evidence a stipulation of fact entered into between the trial counsel, defense counsel, and the accused. The military judge ascertained that the accused understood and consented to the stipulation. It was admitted as Prosecution Exhibit 1. PRESENTATION OF DEFENSE CASE Opening statement The defense counsel made (an) (no) opening statement. The following witnesses for the defense were sworn and testified in substance as follows: EVIDENCE IN REBUTTAL, SURREBUTTAL WITNESSES CALLED BY THE COURT-MARTIAL Closing argument The trial counsel made (an) (no) argument. The defense counsel made (an) (no) argument. The trial counsel made (an) (no) argument in rebuttal. Instructions The military judge instructed the members in accordance with R.C.M. 920, including the elements of each offense, (and of the lesser included offense(s) of ) (the defense(s) of ,) (the following evidentiary matters,) the presumption of innocence, reasonable doubt, and burden of proof as required by Article 51(c), and on the procedures for voting on the findings worksheet. (The members were given Appellate Exhibit , findings worksheet.) (The members were given Appellate Exhibit , a copy of the military judge’s instructions.) (There were no objections to the instructions or requests for additional instructions.) Note. If any party requested instructions which were not given, or objected to the instructions given, these matters should be summarized in the record. Closing The court-martial closed at hours, . The court-martial reopened at hours, . Note. If the military judge examined a findings worksheet and gave additional instructions, these should be summarized. FINDINGS Findings by members The president announced that the accused was found: A13-8 Of all Charges and Specifications: (Not Guilty) (Guilty) Of Specification 1 of Charge I: (Not Guilty) (Guilty) Of Specification 2 of Charge I: (Not Guilty) (Guilty) Of Charge I: (Not Guilty) (Guilty) Of the Specification of Charge II: Not Guilty Of Charge II: Not Guilty etc.
Findings by military judge alone GUIDE FOR PREPARATION OF RECORD Note. In trial by the military judge alone, there would be no instructions given, but the military judge may make general and special findings. Any request for special findings should be summarized, and if submitted in writing, the request should be attached as an Appellate Exhibit. The general findings must be announced in open session with all parties present and may be recorded in the record in the following form, together with any special findings announced at that time: Announcement The military judge announced the following general (and special) findings (and directed that be appended to the record as Appellate Exhibit ) (and stated that the special findings would be furnished to the reporter prior to authentication for insertion in the record as Appellate Exhibit ): Of all the Specifications and Charges: Guilty or Of the Specification of Charge I: Guilty. Of Charge I: Guilty Of the Specification of Charge II: Not Guilty. Of Charge II: Not Guilty Note. All general findings should be recorded as indicated above. Special findings delivered orally should be summarized. Any written findings, opinion or memorandum of decision should be appended to the record as an appellate exhibit and copies furnished to counsel for both sides. Note. If the accused was acquitted of all charges and specifications, proceed to adjournment. SENTENCING PROCEEDINGS App. 13 Data as to service The trial counsel presented the data as to pay, service, and restraint of the accused as shown on the charge sheet. There were no objections to the data. Introduction of exhibits The trial counsel offered Prosecution Exhibits , , and for identification, matters from the accused’s personnel records. (The defense did not object.) (The defense objected to Prosecution Exhibitfor identification on grounds that it was not properly authenticated.) (The objection was (overruled) (sustained).) (Prosecution Exhibits , , and were (not) received in evidence.) Note. If the prosecution presented evidence in aggravation or of the accused’s rehabilitative potential, this evidence should be summarized here, in the same way as evidence on the merits, above. Inquiry of accused The military judge informed the accused of the right to present matters in extenuation and mitigation, including the right to make a sworn or an unsworn statement or to remain silent. In response to the military judge the accused stated that he/she chose to (testify) (make an unsworn statement) (remain silent). Note. If the defense calls witnesses in extenuation and mitigation, the testimony should be summarized in the record. If the accused makes an oral unsworn statement, personally or through counsel, this should be shown and the matters contained in the statement summarized. Argument The prosecution made (an) (no) argument on sentence. The defense made (an) (no) argument on sentence. A13-9
- Page 508 and 509: App. 8 APPENDIX 8 Election to be tr
- Page 510 and 511: App. 8 APPENDIX 8 ACC: . Maximum pe
- Page 512 and 513: App. 8 APPENDIX 8 A8-8 [Note 33. If
- Page 514 and 515: App. 8 APPENDIX 8 AC: . MJ: Has any
- Page 516 and 517: App. 8 APPENDIX 8 Assembly/prelimin
- Page 518 and 519: App. 8 APPENDIX 8 Oath of witness [
- Page 520 and 521: App. 8 APPENDIX 8 Out of court hear
- Page 522 and 523: App. 8 APPENDIX 8 MJ: Which of thes
- Page 524 and 525: App. 8 APPENDIX 8 GCM subject to re
- Page 526 and 527: App. 8 APPENDIX 8 A8-22 MJ: The cou
- Page 528 and 529: App. 9 APPENDIX 9 ACC: . Right to o
- Page 530 and 531: App. 9 APPENDIX 9 SCM: Do you under
- Page 532 and 533: App. 9 APPENDIX 9 SCM: By your plea
- Page 534 and 535: App. 9 APPENDIX 9 Acceptance of gui
- Page 536 and 537: App. 9 APPENDIX 9 Procedure if tota
- Page 538 and 539: App. 9 APPENDIX 9 Entry on charge s
- Page 541 and 542: a. Announcement of sentence APPENDI
- Page 543 and 544: APPENDIX 12 MAXIMUM PUNISHMENT CHAR
- Page 545 and 546: App. 12, Art. 120 This chart was co
- Page 547 and 548: App. 12, Art. 134 This chart was co
- Page 549: App. 12, Art. 134 This chart was co
- Page 552 and 553: App. 13 APPENDIX 13 Receipt for rec
- Page 554 and 555: App. 13 APPENDIX 13 Prior participa
- Page 556 and 557: App. 13 APPENDIX 13 Note. If there
- Page 560 and 561: App. 13 APPENDIX 13 Instructions Th
- Page 563 and 564: APPENDIX 14 GUIDE FOR PREPARATION O
- Page 565 and 566: of the exhibit, as appropriate, as
- Page 567 and 568: SSEs, Reporter’s Notes and Gestur
- Page 569 and 570: Bench conferences and Article 39(a)
- Page 571: GUIDE FOR PREPARATION OF RECORD OF
- Page 574 and 575: A15-2 APPENDIX 15
- Page 576 and 577: App. 16 APPENDIX 16 Deferment of co
- Page 578 and 579: App. 16 APPENDIX 16 certain rights,
- Page 580 and 581: App. 16 APPENDIX 16 thority who may
- Page 582 and 583: App. 17 APPENDIX 17 Specification:
- Page 584 and 585: App. 17 APPENDIX 17 Remissions; sus
- Page 587 and 588: APPENDIX 18 Report of Proceedings t
- Page 589 and 590: APPENDIX 18 A18-3
- Page 591 and 592: APPENDIX 19 Waiver/Withdrawal of Ap
- Page 593 and 594: APPENDIX 20 Waiver/Withdrawal of Ap
- Page 595 and 596: APPENDIX 21 ANALYSIS OF RULES FOR C
- Page 597 and 598: this analysis was drafted, the spec
- Page 599 and 600: previous Manuals. It is defined to
- Page 601 and 602: straint may be necessary to ensure
- Page 603 and 604: The Schooner Exchange v. McFaddon a
- Page 605 and 606: 220 (C.M.A. 1979); United States v.
- Page 607 and 608: 4 1 C . M . R . 2 9 ( 1 9 6 9 ) . S
App. 13 APPENDIX 13<br />
I don’t know the serial numbers on any of the bills. One of the $1.00 bills was<br />
patched together with scotch tape and one of the fellows told me that the accused<br />
had used a $1.00 bill just like that in a poker game the day after my wallet was missing.<br />
Objection and ruling Upon objection by the defense, so much of the answer of the witness as pertained to<br />
what he had been told was stricken.<br />
Stipulation The trial counsel offered in evidence a stipulation of fact entered into between the<br />
trial counsel, defense counsel, and the accused. The military judge ascertained that<br />
the accused understood and consented to the stipulation. It was admitted as Prosecution<br />
Exhibit 1.<br />
PRESENTATION OF DEFENSE CASE<br />
Opening statement The defense counsel made (an) (no) opening statement. The following witnesses for<br />
the defense were sworn and testified in substance as follows:<br />
EVIDENCE IN REBUTTAL, SURREBUTTAL<br />
WITNESSES CALLED BY THE COURT-MARTIAL<br />
Closing argument The trial counsel made (an) (no) argument.<br />
The defense counsel made (an) (no) argument.<br />
The trial counsel made (an) (no) argument in rebuttal.<br />
Instructions The military judge instructed the members in accordance with R.C.M. 920, including<br />
the elements of each offense, (and of the lesser included offense(s) of )<br />
(the defense(s) of ,) (the following evidentiary matters,) the presumption<br />
of innocence, reasonable doubt, and burden of proof as required by Article<br />
51(c), and on the procedures for voting on the findings worksheet. (The members<br />
were given Appellate Exhibit , findings worksheet.) (The members were<br />
given Appellate Exhibit , a copy of the military judge’s instructions.)<br />
(There were no objections to the instructions or requests for additional instructions.)<br />
Note. If any party requested instructions which were not given, or objected to the instructions given, these<br />
matters should be summarized in the record.<br />
Closing The court-martial closed at hours, .<br />
The court-martial reopened at hours, .<br />
Note. If the military judge examined a findings worksheet and gave additional instructions, these should<br />
be summarized.<br />
FINDINGS<br />
Findings by members The president announced that the accused was found:<br />
A13-8<br />
Of all Charges and Specifications: (Not Guilty) (Guilty)<br />
Of Specification 1 of Charge I: (Not Guilty) (Guilty)<br />
Of Specification 2 of Charge I: (Not Guilty) (Guilty)<br />
Of Charge I: (Not Guilty) (Guilty)<br />
Of the Specification of Charge II: Not Guilty<br />
Of Charge II: Not Guilty<br />
etc.
Change language