Barring anything unforseen it appears the Article 32, UCMJ, hearing will be finished with “evidence” today. Army Times reports. The hearing was expected to wrap up Monday because lead defense attorney John Galligan has said he doesn’t plan to present any evidence. Military law experts say it’s not unusual for…
Court-Martial Trial Practice Blog
LTC Lakin’s new strategy
The APF has launched it’s new campaign – Terry Lakin Action Week — to persuade members of Congress to get involved in establishing a new concept, that military officers may refuse duty at their whim. With Congress back for the "lame duck" session we are urging Terry’s advocates to make…
Up periscope
FayObserver reports. A federal judge has granted a third request for additional time to file a brief in an appeal for Timothy Hennis. Janes has a report on the USS SAN ANTONIO court-martial — Defect-ridden USS San Antonio should not have sailed, court martial told The court martial of a…
New CCA opinions
Navy. 1. United States v. Curry. This is a BAH case. The Government proceeded on a theory of a fraudulent marriage as a basis to commit larceny by trick. The court held oral argument in this case and specified two additional issues to the parties.2 Additional pleadings were later filed. …
Sound familiar?
KPLU News reports. Key pieces of evidence were lost or never collected in the case of five Washington-based soldiers charged with murdering Afghan civilians. That emerged Tuesday in an evidentiary hearing against the alleged ringleader – Staff Sgt. Calvin Gibbs.
MAJ Hasan update
Courtesy of Army Times, here is a link to, “Fort Hood Army Internal Review Team: Final Report.”
The confessions
The PBS Frontline special, “The Confessions” about false confessions and the Norfolk Four is now available.
Up periscope 92
Stars & Stripes reports. A U.S. soldier will spend more than two years in prison after a military judge found him guilty in a court-martial Tuesday of throwing a crowbar that struck a German motorcyclist in the head. Stars & Stripes reports. The sentence for an Air Force staff sergeant…
LTC Lakin’s latest
Thanks to a jab from RealityCheck. Let’s parse the current defense information release from LTC Lakin’s defense counsel. His previous civilian attorney complicated his case and is partially responsible for two of these charges by advising LTC Lakin to refuse to report to his superior officer. I posted a while…
AFCCA on unconditional waiver of motions
United States v. Brown is a good reminder of waiver of motions in pretrial agreements. The typical waiver is that the accused will “waive all waivable motions.” This seems something of an oxymoron. The provision is consistent with the idea that all nonjurisdictional motions are waived on a guilty plea…