Below is the text of the sworn affidavit, dated April 21, in which Dr. MacDonell explains how knowledge he obtained while waiting to testify in the case could have changed dramatically its outcome, in the court-martial of 1Lt Michael Behenna, for murder and other violations of the UCMJ. McCarty &…
Here is a interesting story of caution from Wired.com, and a potential court-martial for blogging in violation of the UCMJ. But when he called President Obama a liar on his blog, and started using the site to go after his local school board, Grisham “found himself the target of an…
Two items of interest from the November Army Lawyer for court-martial cases under the UCMJ. Personal Jurisdiction: What Does It Mean for Pay to be “Ready for Delivery ”in Accordance with 10 U.S.C. § 1168(a)? Know Your Ground: The Military Justice Terrain of Afghanistan
Kenneth Jerome Nelson was once celebrated as a war hero and the unofficial caretaker of a monument dedicated to Vietnam veterans in the shadow of the California State Capitol. Now, he’s known as a liar. The veterans activist pleaded guilty Monday in U.S. District Court in Sacramento to wearing a…
That is Professor Colin Miller’s entree to: The Shrink(ing) Privilege, Take 2: New York Times Article Reports That Exceptions To Military Psychotherapist-Patient Privilege Are Hindering Therapy. My post is here on the NYT article discussing the military patient-psychotherapist privilege at court-martial and under the UCMJ.
FederalEvidence blog has posted: Fifth Circuit addresses an open issue concerning admission of medical statements under the Confrontation Clause; circuit also notes that “there is no constitutional right to confront the victim of a crime” where the government elects not to call the victim at trial, in United States v.…
That’s how Tom Ricks characterizes the recent actions when the Navy relieved the CO, CMC, and transferred the XO of USS JAMES WILLIAMS (DDG 95). No court-martials of the leadership are anticipated. However, as Kate Wiltrout’s article points out, there have been quite a few disciplinary actions. The number of…
Briscoe v. Virginia, a post Crawford and Melendez-Diaz case is scheduled to be argued at the U. S. Supreme Court on 11 January 2010. Professor Friedman will argue for petitioner Briscoe. Professor Friedman notes that, “I have just served and filed the reply in Briscoe. You can read it by…
Maj. Nidal Malik Hasan’s defense attorney skirmished with Army commanders Wednesday over the timing of a sanity examination for the Fort Hood gunman, saying that his client is still too medically impaired to participate. So begins a piece in the Dallas News. What’s the flaw. There is no judge that…
United States v. Story. Here the issue is two-fold: what is the response when the members want to call a witness, and what is permissible on appeal to demonstrate prejudice. ACCA found error in the military judge denying the members an opportunity to call a witness. On appeal, ACCA found…