crimeandconsequences blog reports a link to: Eugene Sullivan and Louis Freeh propose creation of a Federal District Court for Guantanamo Bay in this WaPo op-ed. Sullivan is a former CJ of the Court of Appeals for the Armed Forces; Freeh is a former district judge and FBI Director. Their proposal…
Here is an new grant from CAAF. No. 10-0494/AF. U.S. v. Caleb B. BEATY. CCA 37478. Review granted on the following issue: WHETHER THE SENTENCE MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE DETERMINED THE SENTENCE BASED ON THE INCORRECT MAXIMUM PUNISHMENT. Briefs will be filed under Rule 25. Note…
Federal Evidence Review has a good reminder that what may appear to be statements admissible as excited utterances may not in fact be so. Thus, defense as always your job is to ensure that the prosecution doesn’t get away with ritualistic or talismanic incantations of, “it’s an excited utterance (or…
In United States v. Eyster, decided by the 3rd Cir. on 14 July 2010, the appellant claimed he was improperly sentenced because the court considered a 1988 court-martial conviction for rape. On appeal, Eyster argues that the District Court erred by increasing his criminal history from Category II to Category…
Not sure where to place this but: No. 10A56 Title: Orly Taitz, Applicant v. Thomas D. MacDonald, Colonel Garrison Commander, Fort Benning, et al. Docketed: Lower Ct: United States Court of Appeals for the Eleventh Circuit Case Nos.: (09-15418) ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ Jul 8 2010 Application (10A56) for…
Oh, For Goodness Sake blog is reporting that Orly Taitz is now assisting in LTC Lakin’s defense? A posting at A Natural Born Citizen . . . Orly? appears to indicate that one of Orly Taitz’s blogs has been taken over – I think by aliens. Oh man what a…
Coast Guard reports indicates that: Rear Adm. Gary T. Blore, commander of the Thirteenth Coast Guard District, has relieved Capt. Fredrick G. Myer from his duties as commander of U.S. Coast Guard Sector Portland, Ore., Friday, citing alleged misconduct due to a violation of military regulations, specifically unauthorized use of…
Introducing evidence or refreshing recollection? TC: May I approach the witness? MJ: Yes. TC: I’m handing prosecution exhibit 3 to the witness, please look at that. DC: Can we see that first please? TC: Your honor we gave a copy of this to the defense in discovery. DC: Your honor…
A constant frustration – how to impeach (and typically with the book is sitting there on counsel table). Complaining Witness: Blah, blah, blah. Defense counsel: Now Ms. Complaining Witness you received an Article 15 . . . . (“Objection,” – “Sustained.” [DC looks at judge with a ‘what did I…
I previously posted about an Army decision to rescind GOMR’s for several officers involved in the Wanat event. [Military to open new investigation into battle that killed nine soldiers, and here.] Here are links to a two parter by Tom Ricks on Wanat in Foreign Policy: The families respond I…