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Articles Posted in court-martial

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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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Hasan update

CAAFLog has pointed to this CentralTexasNow.com report. Bell County Jail, it’s where the man charged with the Fort Hood massacre, Nidal Hasan, is now being held. Inside the jail infirmary, under 24 hour surveillance, and his lawyer doesn’t like it. "He is, in short, being punished. In violation I believe…

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Hennis update with a twist

Remember that Hennis’s crimes occured before the change which permitted LWOP.  So, Army Times reports: Court recessed at 5:40 p.m. after the jury deliberated for more than two hours and also waited for the answer to three questions, including whether Master Sgt. Timothy Hennis would be eligible for parole if…

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