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Articles Posted in court-martial

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Impact of pregnancy on readiness?

FrumForum interviewed retired Major Merideth A. Bucher, author of the much cited paper, The Impact of Pregnancy on U.S. Army Readiness. Bucher explains that a woman who becomes pregnant ceases to be available for combat service. She will be returned home; her unit is left missing a body, a soldier.…

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Major Hasan news bite

A counterterror airstrike in Yemen that may have targeted Anwar al-Awlaki, the extremist cleric linked to Fort Hood shooter Maj. Nidal Malik Hasan, could raise new questions about whether Hasan’s rampage in Killeen, Texas, on Nov. 5 was the act of a lone wolf or part of a conspiracy. Reports…

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Co-conspirator reminder

With a seasonal title, Prof. Colin Miller reminds us of a particular caution when seeking to admit statements of a co-conspirator – the statements have to be made before the crime is committed.  There should be the same impact in a court-martial prosecution under the UCMJ. Prof. Colin Miller, Later…

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Eyewitness identification

I have done several posts on this blog (here, here, here, here, and here) about the inaccuracy of regular and cross-racial eyewitness identifications and whether expert testimony about this inaccuracy should be allowed. My general sense is that most courts allow such expert testimony although a decent number of courts,…

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Judicial testimony – not

United States v. Matthews is an interesting new Army decision. In this case the appellate courts ordered a DuBay hearing.  During that hearing the prior military judge testified as to his rationale for various decisions at trial.  Using that testimony, the Army Court of Criminal Appeals applied the harmless beyond…

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Limiting instructions

Here I’m talking about limiting instructions at court-martial, not alleged curative instructions. A limiting instruction is appropriate where evidence is admissible for one or more purposes, but is also inadmissible for one or more purposes.  Here is a reminder from federalevidence blog of how that works. In multi-defendant cocaine conspiracy…

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NMCCA sets aside BCD for Article 13 credit

Article 13, UCMJ, prohibits pretrial punishment. In United States v. Turner, NMCCA 200401570 (N-M.C. Ct. Crim. App. 22 December 2009), the court found pretrial punishment and set-aside the BCD.  This may be somewhat pyrrhic because the sentence was adjudged in 2001.  That means the appellant has been on unpaid appellate…

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Good call Mr. President

The White House will not weigh in on the case of the three Navy SEALs facing court martial for allegedly mistreating an Iraqi terror suspect believed to have been behind the slaying of four Americans in 2004. CNSNews.com reports. We already have too much litigation by media, and by Congress…

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Major Hasan gossip

An Army psychiatrist accused of fatally shooting 13 at the Fort Hood, Texas, military base had asked for a Muslim cleric’s advice about killing U.S. troops, according to a new interview. CNN.com reports. Retired Army Col. John Galligan, Hasan’s civilian attorney, has said his client is considering pleading not guilty…

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