Articles Posted in Uncategorized

The right to a fair trial: Part 1 – From investigation to trial.

See also, What is a fair trial?

Non-rated period approved for victims of sexual assault

Per a recent change to Air Force Instruction 36-2406, Officer and Enlisted Evaluation Systems, victims of sexual assault are now authorized non-rated periods.   Per paragraph 3.3.10.1.2, Sexual Assault (Unrestricted Report): The Airmen will submit the request, using memorandum format to their unit commander. The initial non-rated period, if the commander approves, is 120 calendar days; additional periods (60-day increments) may be requested for the Airman’s recovery, and will be requested in the same manner. It is prohibited to include comments on any correspondence regarding the member’s filing of an Unrestricted Report of sexual assault, receiving support services, and/or participating in the investigative process and/or judicial proceedings.

Today we filed an application for an extension of time to file a petition for a writ of certiorari with the U. S. Supreme Court.  If granted the petition will be due 15 December.

Friday, April 3, 2015

Certificates for Review Filed

No. 15-0462/MC. U.S. v. Michael A. Arnold. CCA 201200382.  Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date, on the following issue:

Timothy Hennis filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Mr. Hennis is confined at the United States Disciplinary Barracks in Fort Leavenworth, Kansas (“USDB”). He challenges his 2010 conviction by general court-martial for a triple murder that occurred in 1985. Petitioner mainly claims that the military court-martial lacked jurisdiction. He alleges other constitutional violations in the 14 grounds presented in his petition. The Court has screened the petition and finds that Mr. Hennis had not exhausted military court remedies. The Court dismisses this action without prejudice for failure to exhaust.

Hennis v. Nelson.

A good recitation of habeas for military accused’s and prisoners.  Of note:

The next sneaker has dropped in the writ petition of Bergdahl v. Burke, regarding release of the AR 15-6 investigation.

Here is a link to the amicus filing of the Center for Constitutional Rights in support of petitioner.

Of 100 studies published in top-ranking journals in 2008, 75% of social psychology experiments and half of cognitive studies failed the replication test.

So says a report in The Guardian.

Of 100 studies published in top-ranking journals in 2008, 75% of social psychology experiments and half of cognitive studies failed the replication test.

At trial, the Government repeatedly sought to use Edwards’s silence after he was Mirandized as substantive proof of guilt as well as for impeachment purposes. Over Edwards’s objection, the Government emphasized in its closing that Edwards had remained silent after law enforcement showed him the contents of the suitcase, suggesting a culpable state of mind. The Government in its brief and at oral argument concedes that this was error under Doyle v. Ohio, 426 U.S. 610 (1976), but urges that the error was harmless.

So says the Third in United States v. Edwards.  Result–new trial.

And, for those who follow this issue of how the prosecution and appellate courts seek to forgive such error.  The court noted:

Brady Reconstructed: An Overdue Expansion of Rights and Remedies

Leonard Sosnov

Widener University – School of Law