Bar News - October 22, 2004
Military Court Convenes at Pierce Law School
A STANDING ROOM only crowd of law students and faculty, as well as New Hampshire lawyers and judges, attended a special "on the road" session of the five-member United States Court of Appeals for the Armed Forces, which held oral argument at the Franklin Pierce Law School on Oct. 5. The court, which also heard a case that week at Harvard University Law School, regularly holds oral argument sessions at law schools and other educational institutions.
The court heard argument in an actual case, the United States v. Darrell L. Shelton. Shelton was convicted of conspiracy to commit unpremeditated murder, and the appeal concerned two issues: a military judge's refusal to order the appearance of witnesses sought by the defense; and whether "conspiracy to commit unpremeditated murder" is a prosecutable offense. The court is the last level of appeal in the military. As part of its traveling program, the court invited a student from Pierce Law to submit and argue an amicus brief in the case. Michael Hulser, a third-year student, argued before the court. After hearing argument, the judges recessed briefly and returned to answer questions from the audience.
Before the session began, the court also admitted as honorary members to the military appeals bar Superior Court Associate Justices Carol Ann Conboy, a Pierce Law alumnus and a former US Army officer, and Associate Justice James Barry, a Marine Corps veteran.
Superior Court Justices Carol Ann Conboy and James Barry, US Army and USMC veterans respectively, were admitted to practice before the US Court of Appeals for the Armed Forces at a special session of the appellate court held at the Franklin Pierce Law Center on Oct. 5.
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