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Articles Posted in court-martial

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Major Hasan update

Daily Caller reports that: Following a two-week absence, the Fort Hood attorney was back at it Friday despite a gag order, blogging on the perceived injustices suffered by his defense team in defending Major Nidal Hasan, the man charged in the shooting deaths of 13 people. As previously reported by…

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Collateral consequences sex offender registration

In this case we decide whether Joshua Williams, who pleaded guilty to carnal knowledge of a minor in violation of military law while serving in the Navy, is exempt from registration as a sex offender pursuant to Penal Code sections 290, subdivision (c) and 290.005 (undesignated statutory references are to…

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Discovery-innocent ingestion

R.C.M. 701(b)(2) sets out the requirement for defense disclosure if there will be an innocent ingestion defense. Assuming the accused is the only witness who may testify to an innocent ingestion, must the defense disclose that under the rule.  My answer is no.  To force a disclosure prior to testimony…

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Up periscope

Army Times reports.The Army says a soldier who returned to a hero’s welcome in Wisconsin misrepresented his rank, badges and the origin of his injuries. FayObserver reports: The 11th juror was provisionally seated in the court-martial of Army Master Sgt. Timothy B. Hennis on Wednesday. The court-martial, a capital murder…

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CAAF speaker Jeh Johnson

Points of interest to military justice from the current General Counsel to the Department of Defense:’ Development of the rules of practice and procedure for Military Commissions.  The Department regularly consults with and takes input from defense counsel involved in the Commissions and GitMo related matters. This would be a…

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Military death penalty – Davila

The prosecution of SPC Ivette Davila, at Fort Lewis, will generate some interest; hers will be the first death penalty prosecution of a woman under the UCMJ. Checking – has a woman ever been executed as a result of a court-martial in the United States?  The answer is no under…

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Soldier (a woman) to face death penalty court-martial

Seattle Times reports. A woman accused of killing two fellow soldiers from Joint Base Lewis-McChord and kidnapping their baby in 2008 will face a general court-martial after military authorities determined last week there was enough evidence to move forward with the case. The News Tribune reports this is a death…

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