The Navy-Marine Corps Court of Criminal Appeals released today its en banc decision in United States v. Medina, No. 200900053, __ M.J. __ (N-M. Ct. Crim. App. Dec. 17, 2009). The main portion of the opinion focuses on Art. 120. The majority finds Art. 120 facially constitutional, citing United States…
Rumor has it that there are now 12 trial counsel assigned to the prosecution of Major Nidal Malik Hasan, at least one of whom has military death penalty litigation experience. The defense remains at three with Mr. Galligan and two military defense counsel, none of whom have death penalty experience…
The wrongful use of prescription medications is an offense under Article 112a, UCMJ. About one in four soldiers admit to abusing prescription drugs, most of them pain relievers, in a one-year period, according to a Pentagon health survey released Wednesday. The study, which surveyed more than 28,500 U.S. troops last…
An Army captain from Evergreen, accused of ordering Iraqi officers to kill two Iraqi civilians, will find out in the next few weeks if his case will go before a court martial. The United States Military "preferred" one count of reckless endangerment and two counts of premeditated murder against Capt.…
A Palm Springs man who surprised former classmates at his high school reunion in Martinez when he showed up in a Marine Corps uniform has pleaded guilty to wearing military medals that he never earned. He will face as much as a year in prison and up to a $100,000…
Ohio holds today (4-3) that a cell phone search requires a warrant without exigent circumstances. Therefore, it was not subject to a search incident. Today’s cell phones are analogous to a computer. State v. Smith, 2009 Ohio 6426 (December 15, 2009). FourthAmendment blog reports. Seems there ought to be similar…
A Fort Benning soldier has been sentenced to life in a military prison for the slaying of an Army trainee who was repeatedly stabbed with a knife in his barracks last year. Reports WDBJ7.com. A hearing will be held at 2 p.m. Tuesday for Capt. Herbert “Mark” Hamilton III, who…
The downloading of CP? This local story from Virginia, which is headlined "Navy officer gets 40 months for child porn," reflects recent debates over both the federal child porn sentencing guidelines and showing leniency for those who served our country in the military. Here are the details: A Navy lieutenant…
I’ve commented before about The Conscience of a Lawyer, the story of a how could you represent a really bad person. Here is an excellent article about Colonel Galligan who is representing Major Nidal Milak Hasan for the shootings at Fort Hood. The Dallas News.com
Here are some headline actions around military justice. GI Cleared of Rape now Fears for Career, Military Times Amphib CO, XO fired in fraternization case, Navy TImes. Marine Maj. Mark Lowe will face court-martial for his alleged role in a sweeping intelligence breach at Camp Pendleton. Sign-On San Diego. Defense…