Posted by: William Cassara On: May 25th, 2012
The Army Court of Criminal Appeals recently affirmed a soldier's court-martial conviction because their counsel failed to properly observe an issue at trial. In United States v. Shaw the ACCA held that when a lawyer makes a particular objection at trial, the accused cannot later object on different grounds. In this case, the appellant wanted to admit evidence of an alleged rape victim's prior consenting to sex with the accused after initially saying no. The ACCA said that the appellant's trial defense lawyer did not seek to admit this evidence at trial, and did not properly preserve the issue for appeal. This case once again points out the need to properly preserve issues at trial. If you need a court-martial lawyer or court-martial appeal lawyer contact Mr. Cassara immediately.
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