There has been some reporting that the number of Detached for Cause (DFC, Relief for Cause) in the Navy are up this year over past years. Here are some more. Actually I almost missed one. I had this ready to post last night and didn’t so today I was able…
Couple of new NMCCA decisions on some court-martial appeals. United States v. Soucie. In this case NMCCA decides that the military judge failed to adequately inquire into a duress defense on providency. The accused raised six errors and the NMCCA specified an additional error. The government agreed that a charge…
Swinging a Sledge: The Right to Effective Assistance of Counsel, the Law of Deportations, and Padilla v. Kentucky, August 31, 2010, Joseph Ditkoff In Padilla v. Kentucky, the Supreme Court decided that the Sixth Amendment’s guarantee of the effective assistance of legal counsel requires that counsel inform his client whether…
Here is a link to the 3 September 2010 Federal Register for the recent MCM amendments signed by The President. And the humor you say – – – – Hat tip to Native and Natural Born Citizenship Explored blog (a not a birther blog).
Here is a link to the Executive Order signed 31 August 2010 with amendments to the Manual for Courts-Martial.
Here is a link to the July Army Lawyer. “I Won’t Participate in an Illegal War”: Military Objectors, the Nuremberg Defense, and the Obligation to Refuse Illegal Orders United States v. Blazier: So Exactly Who Needs an Invitation to the Dance? Substantive Crimes and Defenses Lesser Included Offenses Update: United…
Robert Seymour writing as Charles Courtley, Wig Begone, A former military judge is set to follow the late John Mortimer after penning a comic novel about the legal profession. Robert Seymour, best known for his role in presiding over court-martial trials, has enjoyed glowing reviews for ‘Wig Begone’.
Avoiding the Extremes: A Proposal for Modifying Court Member Selection in the Military Victor Hansen New England Law | Boston August 18, 2010 Abstract: This article address the method used in the military court-martial system to select jurors (referred to as panel members). Under military law, the panel members who…
The Laws of War as a Constitutional Limit on Military Jurisdiction Stephen I. Vladeck American University – Washington College of Law Journal of National Security & Policy, Forthcoming American University Washington College of Law Research Paper No. 2010-27 Abstract: Nine years, one Supreme Court decision, two statutes, and a veritable…
The News-Gazette reports an excerpt from the Congressional Record about the sinking of the USS Indianapolis and the subsequent court-martial of the commanding officer for the loss of his ship. The ship was sunk on 30 July 1945. The ultimate (b) SENSE OF CONGRESS.–(1) It is the sense of Congress,…