Brief filed: 02/08/2016
United States v. Slatten
District of Columbia Circuit Court of Appeals; Case No. 15-3078
On appeal from the United States District Court for the District of Columbia (Judge Royce A. Lamberth).
The district court's expansive, extraterritorial interpretation of the Military Extrajudicial Jurisdiction Act (MEJA) on which each of the convictions below rests, violates the presumption against extraterritoriality, is contrary to the plain language of the statute, and gave rise to precisely the sort of problems inherent in extraterritorial prosecutions. The district court's expansive interpretation of the venue statute is not supported by the plain language of the statute, permitted unrestrictive forum shopping, and exceeded constitutional venue limitations. The district court's decision to deny the appellants' motion for a new trial based on a key trial witness's new statement, which fundamentally contradicted both that witness's trial testimony and the government's theory of the case at trial, was an abuse of discretion. The prosecution of Mr. Slatten for first degree murder, only after he successfully defeated the government in this court on lesser charges, raises troubling questions of prosecutorial vindictiveness.
This is a sponsored ad
Manage Your Law Firm All in One Place
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!
Timothy P. O'Toole, Kathleen T. Wach, Addy R. Schmitt, and Leila Babaeva, Miller & Chevalier Chartered, Washington, DC.