When a judge decides a motion at court-martial they will present the facts they have found, discuss the law, and make their conclusion. On appeal, when the military judge makes proper findings of fact, the court will accept those facts for the purpose of review unless there is an abuse…
CAAFLog has this case among the Top-10 for 2009. Vicki Behenna has 10 minutes to plead her son’s case. Where does she begin? In the last few months, she has developed hours of arguments about why U.S. Army 1st Lt. Michael Behenna was wrongly convicted of killing a suspected terrorist…
A pun too close to call. Article 15 and court-martial could be on the horizon for more Marines. Smile, you’re on security cameras. Despite the field overhead of video surveillance at the exchanges aboard Camp Lejeune and Marine Corps Air Station New River, N.C., Marines are betting the odds they…
Attorney John Galligan says Maj. Nidal Hasan has excessive restrictions — including a rule barring any visitors when his attorneys are in his hospital room. Air Force Times reports. This same rule operates at the pretrial confinement facility. The Brigs are pretty good about letting counsel in to visit for…
Dear Representative Burton, Thank you for your letter expressing your and your colleagues concern regarding the pending Courts-martial of Petty Officers Huertas, McCabe, and Keefe. I understand your interest in these cases and can assure you that I am committed to protecting the rights of the Sailors who have been…
Should military veterans get a break when they are sentenced for crimes? Asks a piece in the Wall Street Journal. This is interesting in light of some discussion on CAAFLog about sentencing in court-martial and sentence ranges under the UCMJ. Seems some civilian judges are more interested in giving a…
Army Maj. Gen. Charles Cleveland has responded to a letter that challenges the handling of a case against three Navy SEALs accused of mishandling a suspected terrorist. In the Dec. 15 letter, addressed to Rep. Dan Burton, R-Ind., Cleveland essentially refuses to drop the charges against the three men. "While…
State Department investigators say Chief Engineman (SW) Arturo Puente at Jacksonville’s Mayport Naval Station has used a false name for the last 22 years while working at U.S. embassies in Rome and Panama, according to the Florida Times-Union newspaper. Navy Times reports. No indications of a court-martial or any UCMJ…
Airman 1st Class Corey Hernandez pulled the trigger. Nothing was supposed to happen, except the metallic click of the hammer striking the firing pin. Instead, the pistol fired. Until Dec. 10, when the 23-year-old Garcia died, the Air Force had not had any reported incidents of airmen playing Trust. Air…
Jury instructions are too often so poorly written that even the most intelligent juror cannot understand them. That’s a serious problem. So how can we make jury instructions more understandable? Prof. Peter Tiersma offers many concrete suggestions in this article, available for free download on SSRN. If you’re a trial…