The Army has a new and interesting addition to their Military Legal Resources. Selected Papers of Edmund M. Morgan, Jr., Regarding the Drafting of the Uniform Code of Military Justice (1948-1949). In the summer of 1948, in response to a need for a uniform military justice system in the newly…
Articles Posted in UCMJ
Up periscope – WE100410
1. SEALS: Kokomo Perspective reports that: Rep. Burton issued the following statement after the Navy dropped several charges against two Navy SEALs who are accused of mistreating terrorist mastermind Ahmed Hashim Abed, the man believed to be responsible for the infamous mutilations of four American contractors in Fallujah, Iraq, in…
Birthers and de facto officers
Oooops, even his own family appears to be dissing’ him according to this report from The Greeley Tribune. His Greeley relatives are putting distance between themselves and his birther campaign. Lakin’s father Frank told the Greeley Tribune Friday that his son’s video wasn’t representative of the family. “This does not…
Hennis convicted in 2hrs 45 minutes of deliberations
FayObserver reports: A military jury has found Army Master Sgt. Timothy B. Hennis guilty of three specifications of pre-meditated murder. The members of the court-martial panel returned with their verdict about 10:35 a.m. They had deliberated for two hours and 45 minutes over Wednesday and today
Up periscope
Gazette.com reports that: An Army prosecutor Tuesday opened the trial of an Iraq war veteran by accusing him of the “ultimate betrayal” — raping a comrade’s wife. Spc. Philip C. Vermeiren, 28, is accused of assaulting the woman early Oct. 31 during an alcohol-fueled party at the Fort Carson apartment…
Forensic science?
This is likely a duplicate post, but it’s worth it anyway. Here again is a piece from my old Crim. Law prof about forensics. Paul C. Giannelli (Case Western Reserve University School of Law) (University of Illinois Law Review, Forthcoming, Case Legal Studies Research Paper No. 2010-6) has posted Daubert…
SEAL case update
Petty Officer Keefe’s trial is scheduled to commence in Iraq on 17 April 2010. Here is an excellent review, by Dwight “ML” Sullivan at CAAFLog on the political posturing, pseudo-lawyering, and plain gaffs about these cases. First SEAL prosecution imminent It is my recollection that I learned about the Know…
Search & seizure
Here’s a case from New Jersey of some interest, Stengart v. Loving Care Agency, Inc., 2010 N.J. LEXIS 241 (March 30, 2010). [W]e find that Stengart had a reasonable expectation of privacy in the e-mails she exchanged with her attorney on Loving Care’s laptop. Stengart plainly took steps to protect…
Up periscope
eNews Park Forest reports. Last August, Travis Bishop refused to serve in Afghanistan. Having filed for Conscientious Objector (CO) status, Bishop, based at Fort Hood, Texas, in the US Army’s 57th Expeditionary Signal Battalion, was court-martialed and sentenced to 12 months in a military brig. He was released from the…
Supremes on Padilla v. Kentucky (and Denedo?)
The Supreme Court has issued an opinion in Padilla v. Kentucky, which addresses the duty to inform a client of the collateral consequences of the conviction on their immigrant status. I have posted on this in connection with United States v. Miller, 63 M.J. 452 (C.A.A.F. 2006) and other cases:…