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Court-Martial Trial Practice Blog

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Rapper case wrapped up

It appears that the case of the “rapper” charged with making threats through rap songs and his website has been resolved.  For some weeks the case drew criticism from supporters and the public and the military attitude to free speech issues. Something that we are seeing again in regard to LTC…

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New policies post- Major Hasan

Stars & Stripes and others are reporting that: DoD is starting to announce new policies that may go into effect because of the inquiry into Major Hasan.  I expect two will cause some heartburn: More restrictive policy regarding weapons on base, including in quarters.  I expect there will an initial…

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Evidence – eyewitness “identification”

Professor Colin Miller has posted an excellent piece about the current status of expert testimony about the inaccuracies of eyewitness identification. I have done several posts on this blog (here, here, here, here, here, and here) about the inaccuracy of regular and cross-racial eyewitness identifications and whether expert testimony about…

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Up periscope

FayObserver reports that: An Army major who allegedly told another soldier that his fellow jury members in an October court-martial acted improperly and with an agenda testified Thursday that he never made such an allegation. Pvt. Justin A. Boyle – a sergeant before having his rank stripped – was convicted…

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NMCCA opinion

NMCCA has decided United States v. Oglesby. The issue was prosecution sentencing evidence of other acts toward the victim which had not been charged.  Appellant alleged that the military judge failed to conduct a proper 1001 and Mil. R. Evid. 403 balancing test.  NMCCA disagreed. NMCCA found that the military…

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Hennis panel still deliberating

FayObserver notes the issue yesterday where the members wanted answers about parole should he be sentenced to life.  I found this piece odd. The jury left the courthouse at Fort Bragg about 5:30 p.m. Wednesday evening without a decision on a sentence for Hennis: life in prison or the death…

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The apolitical military

There are good reasons that the military should be apolitical in public, and as political as it wants in the voting booth. Politics Daily reports: The Army will court martial a lieutenant colonel who refuses to deploy to Afghanistan because he won’t accept orders from President Obama, whom he considers…

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Lakin update

GiveUsLiberty blog has this piece. Hopefully Mr. Apuzzo has  a similar depth of knowledge about the UCMJ, R.C.M., and Military Rules of Evidence, to his knowledge of constitutional law.  Or will he dump that on learned military counsel, that’s another part of Article 38, UCMJ. This comment evidences a lack…

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