The Navy’s rule forcing sailors to “promptly” tell their commanding officers if they have been arrested for an off-base drunken-driving violation is unconstitutional, the Navy and Marine Corps’s highest military judges have ruled. And so begins a Navy Times article on United States v. Serianne. I have posted before about…
Court-Martial Trial Practice Blog
Major Hasan’s mental “health”
Here are a couple of interesting items exploring the mental health issues potentially involved with Major Nidal Malik Hasan’s shooting rampage at Fort Hood – conclusion, he’s sane. Howard Bloom asks, What if Nidal Malik Hasan is Sane? Psychology Today blog. Were they the insane acts of a man driven…
Military Tattoo
No, this isn’t an advert for the Edinburgh Military Tattoo, or any other. It’s a reminder that Air Force officials reinforce tattoo, body alteration policy. Air Force Instruction 36-2903, Dress and Personal Appearance, states "Excessive tattoos and brands will not be exposed or visible while in uniform." Excessive is…
No pay due
No pay due, not needed. Army Times reports that a captain stationed at Fort Lewis has plead guilty to stealing about $690,000.00 while in Iraq. No court-martial.
Patient confidentiality in the military
I have posted in connection with some comments about Major Hasan and his desire to have patients prosecuted at court-martial for war crimes and other offenses while deployed to Iraq. Major Hasan’s war crimes trial requests, 17 November 2009. The issue has gained new attention with the recent mass shootings…
Anything and everything
A number of articles are circulating and the blogosphere is discussing the obligations of Major Hasan’s counsel to do anything and everything to avoid the death penalty as a sentence at his court-martial. Here is an interesting item, not that it’s going to be relevant to the Fort Hood case…
It’s not what you think I said, it’s what I said
Whenever I talk about court-room lawyering I always emphasize that the person must first be themself and not try to become someone they aren’t. Once you decide who you are, your “style,” and how you will present, then you can take the other tools of advocacy and adapt them to…
Update on Mandatory Supervised Release
Thanks to CAAFLog there is news about the military mandatory release program imposed on those convicted and sentenced at court-martial. Judge Rogers of the 10th Circuit has found the program to be legal and constitutional, in Huschak v. Gray, 642 F. Supp. 2d 1268 (D. Kan. 2009). (United States v.…
More on Stolen Valor
Here is a good site for information about Stolen Valor Act issues. Web Site Aims to Uncover Fakers in Fatigues Reportstolenvalor.org. Those on active duty can be sent to court-martial for prosecution under the UCMJ.
Another misrepresentation of military service?
I’ve posted before about different cases where a service-member or civilian have “invented” their military career. Two recent examples are here and here. Now there’s another. Military.com reports that a retired senior chief petty officer appears to have fabricated his presence in USS COLE when the ship was attacked. In…