County authorities have dismissed charges and turned over to the Air Force their investigation of an airman accused of fatally shooting a buddy during a game of “Trust” at an off-base apartment. Air Force Times reports., that there will be a court-martial instead of a civilian trial.
Articles Posted in court-martial
Collateral consequences – sex offender registration.
Fifty State Survey of Adult Sex Offender Registration Laws Brenda V. Smith American University – Washington College of Law; American University – NIC/WCL Project on Addressing Prison Rape August 1, 2009 Abstract: This publication is part of a larger scholarly project and one in a series that aims to create…
Collateral consequences
Jenny Roberts, Ignorance Is Effectively Bliss: Collateral Consequences, Silence, and Misinformation in the Guilty-Plea Process, 95 IOWA L. R. 119 (2009). ABSTRACT: In the 2009–2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client…
Briscoe update
Here is a link to today’s oral argument in Briscoe v. Virginia, the post Crawford and Melendez-Diaz case. While I’m not convinced the decision will have much meaning in military cases, there are others who believe it will. So it does behoove us to monitor the case.
Supervised release
Sentencing Law & Policy (an excellent site) has this post which may be of some interest to those dealing with post-confinement issues. The Third Circuit has today issued an interesting opinion concerning supervised release conditions for a repeat sex offender. The ruling in US v. Heckman, No. 08-3844 (3d Cir.…
SEAL case: trial venue changed to Iraq [correction]
A military judge has decided to move the trial for one of three Navy SEALs accused in connection with the alleged assault of a suspected terrorist to Iraq. Cmdr. Tierney Carlos, the trial judge for the court-martial of Special Warfare Operator 2nd Class (SEAL) Jonathan Elliot Keefe, has agreed with…
Fragging and rapping
Here is an interesting piece relevant to a pending court-martial? Tim King, The Fragging of American Officers: Historic Problems and Future Planning, Salem-News.com. What we call fragging the British Navy called "Shot Rolling" after the practice of rolling a cannon ball across the deck for the purpose of injuring an…
Stolen Valor report
Whether Robert White was injured in Iraq in 2005 and deserved a Purple Heart makes no difference now. The chief hospital corpsman wore the award without receiving it through official channels, and in the Navy’s eyes, that makes him a faker. Marine Corps Times reports. An Army captain at Fort…
Impeachment by prior conviction
Every so often the comes up of impeachment by prior conviction under Mil. R. Evid. 609. The reminder is that: The fact of a pending appeal does not defeat admission, but it may be brought up and discussed. Mil. R. Evid. 609(e). A summary court-martial may not be used to…
Major Hasan update
The Killeen Daily Herald reports that LTG Cone recently gave a briefing about “behavioral health care.” The Army is behind Fort Hood’s effort to address behavioral health care issues and plans to institute it across the board, the post’s commander said Friday. In response to incidents like the Nov. 5…