Motions Concerning Charges and Specifications. R.C.M. 307; 906
Real Costs of a COURT MARTIAL Conviction and Discharge
Overview of motions concerning charges:
- Amend charges or specifications. R.C.M. 603, 906(b)(4).
- Bill of particulars. R.C.M. 906(b)(6).
- Multiplicity. R.C.M. 307, 906(b)(12), 907(b)(3)(B), 1003(c)(1)(c).
- Sever duplicitous specifications. R.C.M. 307, 906(b)(5).
- Sever offenses, but only to prevent manifest injustice. R.C.M. 906(b)(10). In United States v. Giles , 59 M.J. 374 (2004), the CAAF held that a military judge abused his discretion in denying the appellant’s motion for severance of new perjury charges on a rehearing of an earlier drug-related attempt offense. In order to prove the perjury charge, the Government had to prove a materiality element, which required evidence of the earlier conviction. The CAAF stated that the MJ’s ruling caused actual prejudice to the accused and prevented a fair trial.
- Defective Article 32 Investigation or Pretrial Advice. R.C.M. 405, 406.
- Discovery. R.C.M. 701, 914.
- Witness Production. R.C.M. 703, 1001.
- Individual Military Counsel or Detailed Counsel Request. R.C.M. 506.
- Pretrial Restraint. R.C.M. 305. I. Mentally Incompetent to Stand Trial. R.C.M. 706; 909; 916. J. Change Location of Trial. R.C.M. 906(b)(11). K. Sever Accused. R.C.M. 307; 906(b)(9). L. Reopen Case. R.C.M. 913(c)(5).
United States v. Fisiorek , 43 M.J. 244 (1995). M. Miscellaneous. See , e.g. , United States v. Stubbs , 23 M.J. 188 (C.M.A. 1986), cert. denied , 484 U.S. 846 (1987). Defense moved to recuse entire prosecution office because of prior contact between one prosecutor and accused on a legal assistance matter.