For almost 15 years, beginning in 1970, the Army’s appellate defense folks produced an engaging, useful publication called THE ADVOCATE. It was an extremely aggressive and defense-intense magazine dealing with all aspects of military Justice in the courtroom. Nothing was beyond THE ADVOCATE’s efforts to make better defense counsel — military/civilian defense counsel relationships; blood tests; interview strategy; polygraphs — the list goes on and on.
Some of this fine material may be overtaken by events. However, these magazines – likely gathering dust on a bottom shelf someplace in the legal office — can be hugely valuable to the practitioner. Wise litigators would do well to review these volumes.
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Among other things, THE ADVOCATE printed “quotable quotes” from actual records of trial. Some vintage samples:
MJ: Captain X, you look like you had a question.
DC: I’m sorry Your Honor, I do not mean to look that way. That is my normal state of expression.
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(counsel is prepared to make an offer proof).
DC: Your Honor, we object to all of that.
MJ: On what basis?
DC: Its’ detrimental to our case.
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[Question to military policeman who testified he caught the accused committing an offense:]
TC: Did the accused stop after you shot your pistol in the air?.
WIT: No — he ran even faster.
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(Cross-examination of defense witness in extenuation and mitigation).
TC: What kind of things does your platoon do?
WIT: Not much except when we go into the field.
TC: And when you’re not doing anything, is he an especially good worker?
WIT: Yes, sir.
DC: Objection, that is a compound question.
MJ” Overruled. Overruled.