Clemency & Parole after a lengthy court-martial sentence can be hard to get. For Navy and Marine Corps cases parole requires a parole plan and a place to live. The Camp Pendleton-based squad leader is serving an 11-year sentence for killing an unarmed Iraqi civilian. But the sheriff in his…
An Army specialist is in jail, accused of making threats against fellow soldiers, including in a vulgar, violent rap song that describes shooting those responsible for his stop-loss orders. Spc. Marc Hall, an Iraq veteran based at Fort Stewart, Ga., has been in custody since early December. He’s been charged…
Navy prosecutors have asked a judge to delay the trials of two SEALs accused in connection with the alleged assault of a reported al-Qaida terrorist — apparently because of evidence issues. Navy Times reports. If as is indicated there are classified document issues, then it is clear this trial will…
When a judge decides a motion at court-martial they will present the facts they have found, discuss the law, and make their conclusion. On appeal, when the military judge makes proper findings of fact, the court will accept those facts for the purpose of review unless there is an abuse…
CAAFLog has this case among the Top-10 for 2009. Vicki Behenna has 10 minutes to plead her son’s case. Where does she begin? In the last few months, she has developed hours of arguments about why U.S. Army 1st Lt. Michael Behenna was wrongly convicted of killing a suspected terrorist…
The court-martial of Gen. William Hull — who gave up Detroit to the British without a fight during the War of 1812 — began Jan. 3, 1814. Deemed a coward, Hull was found guilty of dereliction of duty and sentenced to death, but President James Madison later reduced it because…
Prof. Collin Miller has this item on his blog which is an excellent reminder about objections – an issue for the defense much more than prosecution. You’ve seen it a million times in legal movies and TV shows. A lawyer asks a witness a question, opposing counsel stands up and…
A pun too close to call. Article 15 and court-martial could be on the horizon for more Marines. Smile, you’re on security cameras. Despite the field overhead of video surveillance at the exchanges aboard Camp Lejeune and Marine Corps Air Station New River, N.C., Marines are betting the odds they…
U.S. District Judge Ricardo Urbina said Justice Department prosecutors improperly built their case on sworn statements that had been given under a promise of immunity. Urbina said the government’s explanations were “contradictory, unbelievable and lacking in credibility.” And all charges have been dismissed, reports Air Force Times. In ruling one…
Attorney John Galligan says Maj. Nidal Hasan has excessive restrictions — including a rule barring any visitors when his attorneys are in his hospital room. Air Force Times reports. This same rule operates at the pretrial confinement facility. The Brigs are pretty good about letting counsel in to visit for…