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…
Articles Posted in court-martial
Chessani recommendation
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…
First CAAF decision
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…
Sailor’s murder trial
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,…
Behenna
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 &…
Danger in blogging
Here is a interesting story of caution from Wired.com, and a potential court-martial for blogging in violation of the UCMJ. But when he called President Obama a liar on his blog, and started using the site to go after his local school board, Grisham “found himself the target of an…
New Army Lawyer on sale
Two items of interest from the November Army Lawyer for court-martial cases under the UCMJ. Personal Jurisdiction: What Does It Mean for Pay to be “Ready for Delivery ”in Accordance with 10 U.S.C. § 1168(a)? Know Your Ground: The Military Justice Terrain of Afghanistan
The shrinking privilege
That is Professor Colin Miller’s entree to: The Shrink(ing) Privilege, Take 2: New York Times Article Reports That Exceptions To Military Psychotherapist-Patient Privilege Are Hindering Therapy. My post is here on the NYT article discussing the military patient-psychotherapist privilege at court-martial and under the UCMJ.
Crawford – seeking medical care
FederalEvidence blog has posted: Fifth Circuit addresses an open issue concerning admission of medical statements under the Confrontation Clause; circuit also notes that “there is no constitutional right to confront the victim of a crime” where the government elects not to call the victim at trial, in United States v.…
Hanky panky between ranky’s
That’s how Tom Ricks characterizes the recent actions when the Navy relieved the CO, CMC, and transferred the XO of USS JAMES WILLIAMS (DDG 95). No court-martials of the leadership are anticipated. However, as Kate Wiltrout’s article points out, there have been quite a few disciplinary actions. The number of…