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 &…
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…
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
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.
Maj. Nidal Malik Hasan’s defense attorney skirmished with Army commanders Wednesday over the timing of a sanity examination for the Fort Hood gunman, saying that his client is still too medically impaired to participate. So begins a piece in the Dallas News. What’s the flaw. There is no judge that…
United States v. Story. Here the issue is two-fold: what is the response when the members want to call a witness, and what is permissible on appeal to demonstrate prejudice. ACCA found error in the military judge denying the members an opportunity to call a witness. On appeal, ACCA found…
The Navy’s rule forcing sailors to “promptly” tell their commanding officers if they have been arrested for an off-base drunken-driving violation is unconstitutional, the Navy and Marine Corps’s highest military judges have ruled. And so begins a Navy Times article on United States v. Serianne. I have posted before about…
No, this isn’t an advert for the Edinburgh Military Tattoo, or any other. It’s a reminder that Air Force officials reinforce tattoo, body alteration policy. Air Force Instruction 36-2903, Dress and Personal Appearance, states "Excessive tattoos and brands will not be exposed or visible while in uniform." Excessive is…
I have posted in connection with some comments about Major Hasan and his desire to have patients prosecuted at court-martial for war crimes and other offenses while deployed to Iraq. Major Hasan’s war crimes trial requests, 17 November 2009. The issue has gained new attention with the recent mass shootings…
Whenever I talk about court-room lawyering I always emphasize that the person must first be themself and not try to become someone they aren’t. Once you decide who you are, your “style,” and how you will present, then you can take the other tools of advocacy and adapt them to…