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Court-Martial Trial Practice Blog

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Army about to help the defense with discovery and preparation

I commented yesterday that the decision by the Homeland Security Committee could be a potential boon to defense discovery in Major Hasan’s court-martial at Fort Hood. Homeland Security committee begins collecting discovery for the Major Hasan defense team. It’s not clear yet, but it looks like the Army and Department…

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Homeland Security committee begins collecting discovery for the Major Hasan defense team

Army Times reports: Sen. Susan Collins of Maine says the Senate Homeland Security Committee will open an investigation into the murders at Fort Hood with a public hearing this week. Major Hasan is facing 13 specifications of premeditated murder and likely any number of other lesser charges at court-martial. Typically…

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“Deserter” held at Bagram

Military.com reports: A Maryland Soldier is in Army custody and classified as a deserter — unfairly, relatives say — after he extended a two-week midtour leave to take care of his sick wife and their new baby. U.S. Rep. Roscoe Bartlett has lobbied the secretary of the Army to investigate…

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When investigators talk with Major Hasan we’ll know more

And pigs have wings and can fly. The media continues to make the comment that investigators are waiting to talk with Major Hasan, at Fort Hood, and once they do we’ll know more about his motives.  Huh?  We’ll find out at court-martial what each party is suggesting are the reasons…

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Why did the Army want to keep Major Hasan

There’s plenty of information being put out that Major Hasan had problems, not just with his ideology, but also with his provider skills.  So, people ask, why would the Army want to keep him and place him counseling returning or deploying personnel, send him to Fort Hood, and prepare to…

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Death penalty debate – more data points

Major Hasan’s acts at Fort Hood are quite appropriately being viewed as apt to impose a death penalty at his court-martial.  Based on what we are seeing and hearing there seems to be little doubt that the prosecution can gain a conviction (although an insanity defense is not out of…

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Recruiter misconduct

If you are like me you get a lot of questions about recruiter misconduct, malpractice, and fraud.  Here is an interesting article: Note, THE LEGAL IMPLICATIONS OF UNAUTHORIZED PROMISES AND OTHER MILITARY RECRUITER MISCONDUCT, 17 J. Pub. Interest L. 141 (Feb. 2008). I agree with this statement on About.com: The…

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Here’s a start . . .

U.S. President Barack Obama Saturday urged members of Congress not to turn the investigation into the Fort Hood massacre into "political theater." Reports Military.com.  This is a step in the right direction.  Ratchet down the political rhetoric, allow the investigators to get their work done, and allow the prosecution and…

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