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Articles Posted in court-martial

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Crime Labs

I’ve posted before about issues with forensic testing and police controlled laboratories (including military drug testing laboratories).  Here is an article from my old crim law professor, a former Army JA.  You’ve also heard me frequently talk about confirmatory bias in regard to police investigations and other investigations.  Paul C.…

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Wuterich update

Military.com reports that: A four-star general will testify at a pretrial hearing in the biggest criminal case against U.S. troops to arise from the Iraq war, a Marine Corps spokesman said Thursday. Gen. James Mattis is scheduled to address a military judge Monday on a defense motion to dismiss charges…

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Nidal Malik Hasan update

WOAI.com reports: Hasan’s lawyer claims the U.S. Army is withholding key information he needs to defend Hasan. Attorney John Galligan said he has been waiting months for classified material needed to help his client. He said he has been given limited access to criminal investigation files. Does Mr. Galligan have…

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Another abuse of power case?

Military.com reports: Last summer, more than a year after completing a seemingly successful tour as commanding officer of the amphibious assault ship Wasp, Capt. Michael Hawley was removed from his post as the head of a Norfolk-based training group. . . . But a report from the Naval Inspector General’s…

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New CAAF opinion dealing with search authorizations in CP cases

United States v. Clayton.  Another special exception, in of course, a CP case. The dissent says it all. RYAN, J., with whom ERDMANN, J., joins (dissenting): I cannot agree with the continued dilution of the requirement that there be an actual, as opposed to an intuitive or a hypothetical, nexus…

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New ACCA opinion

ACCA has issued an opinion in United States v. Watson, another administrative discharge issued pending appeal, this time an officer. A military judge sitting as a general court-martial convicted appellant, pursuant to her pleas, of larceny of government property and fraud against the United States (two specifications), in violation of…

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Coastie O-6 headed to trial

Navy Times reports that: A former sector commander in Alaska is facing a general court-marital for charges of adultery, fraternization and other sexual improprieties. Capt. Herbert “Mark” Hamilton III has been charged with 30 counts, including: failing to follow orders; lying to investigators; committing adultery with enlisted personnel; sending and…

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Hennis update

Fay Observer reports that: U.S. District Judge Terrence Boyle on Wednesday dismissed an effort by Army Master Sgt. Timothy Bailey Hennis to stop his court-martial for a 1985 triple homicide near Fort Bragg. A jury has been seated in the court-martial. Opening statements and testimony are scheduled to begin today.…

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