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…
The Army Times reports that the prosecution is being bolstered for the court-martial of Major Hasan for his court-martial at Fort Hood. A senior military official said Friday that a new lead prosecutor has been appointed in the Fort Hood shooting case, a man who secured the death penalty in…
Having avoided a court-martial, it appears that LtCol Chessani has obtained a recommendation that he be allowed to retire in his current grade. A three-member panel found Friday that a former battalion commander charged with failing to fully disclose and investigate the killing of two dozen Iraqi men, women and…
CAAF has decided United States v. Campbell, __ M.J. ___ (C.A.A.F. 2009). We granted review of three issues raised by the decision of the United States Navy-Marine Corps Court of Criminal Appeals (CCA), as follows: I. WHETHER THE LOWER COURT ERRED IN REASSESSING APPELLANT’S SENTENCE, AS (1) ITS REASSESSMENT CALCULUS…
A sailor accused of fatally shooting a man outside a Florida nightclub in 2007 will be court-martialed on a murder charge next week at Naval Station Mayport. Navy Times reports, the court-martial will be for killing a owner of a night club in Jacksonville, FL. The article cites Article 111,…
Below is the text of the sworn affidavit, dated April 21, in which Dr. MacDonell explains how knowledge he obtained while waiting to testify in the case could have changed dramatically its outcome, in the court-martial of 1Lt Michael Behenna, for murder and other violations of the UCMJ. McCarty &…