I posted yesterday on a new Army case dealing with instructions on an affirmative defense in a court-martial under the UCMJ. Today I’m posting on United States v. Ramon, an unpublished opinion from the NMCCA dated 28 September 2010. In his sole assignment of error, the appellant alleges that the…
On 23 September 2010 USA Today published a front page piece about federal prosecutors. Federal prosecutors are supposed to seek justice, not merely score convictions. But a USA TODAY investigation found that prosecutors repeatedly have violated that duty in courtrooms across the nation. The abuses have put innocent people in…
United States v. Stanley. The appellant raised eight errors through counsel and an additional six in accordance with United States v. Grostefon. One assignment of error warrants discussion, but no relief. Specifically, appellant alleges that the military judge erred by failing to properly instruct the panel regarding appellant’s right during…
Here is an observation by federalevidence.com: One issue raised by the new case concerns whether a majority of the Court still supports the Confrontation Clause analysis established under Crawford v. Washington in 2004, and Melendez-Diaz v. Massachusetts in 2009. Two Justices who voted in the majority (John Paul Stevens and…
Humor in military lawyering is good. Humor is good. Standby for a comment from DMLHS tonight. In thinking about why the case would be delayed to 3 November 2010 there were all kinds of ideas floating around, some ideas being of a conspiratorial nature. I had missed the piece noted…
Daily Commercial reports: To police Chief Ed Nathanson, it doesn’t matter where you’ve been convicted as a sex offender or predator. It only matters that you’ve been convicted. So, if you are convicted out of state or in a court martial, your conviction still counts in Lady Lake, and you…
NIMJ was able to send Charlie Fowler to monitor todays Article 39(a), UCMJ, session. 1. Trial is continued until 4 November 2010 from 13 October 2010. Not sure of the reason. It appears Mr. Jensen asked the judge to hold the case “in abeyance” pending resolution of an (untimely?) writ…
WorldNetDaily reports: Disagreement arose todday among supporters of Lt. Col. Terrence Lakin, the Army doctor facing military court-martial for refusing orders to deploy to Afghanistan after questioning Barack Obama’s constitutional eligibility to be president. A group of retired military officers organized as the Veterans Council and the United States Patriot…
New York Times piece with a portion of video from Morlock’s confession. Washington Post on the Ramrod Five. A U.S. Army staff sergeant dreamed up a plan for fellow soldiers to kill three Afghan civilians this year because he was motivated by “pure hatred,” another soldier accused in the slayings…
It has been (fill in the blank) days since LTC Lakin has been denied some discovery and witnesses for his case. His website has been updated in one place to say “Judge To Rule On Defense Request,” but the breaking news column still has the old verbiage, “Judge to Rules…