Court-Martial Trial Practice BlogWDAY 6 reports.
A master sergeant at Grand Forks Air Force Base is facing a court-martial late this month for alleged dereliction of duty.
The attorney for Master Sgt. Lisa Mashburn says she will be exonerated.
Up periscope
Articles Posted in Up Periscope
MAJ Hasan sitrep
The media is reporting that the IO has recommended a death penalty referral. Quick but not unexpected.
MEJA?
Stars & Stripes reports.
A former airman has been convicted of second degree murder and witness tampering in connection with the death of an Army sergeant during a gang initiation ceremony in Germany.
Six other servicemembers have already been tried in military court in connection with the incident. Five received jail time ranging from two to 12 years. The sixth servicemember was found not guilty on all charges.
MAJ Hasan sitrep
Barring anything unforseen it appears the Article 32, UCMJ, hearing will be finished with “evidence” today. Army Times reports.
The hearing was expected to wrap up Monday because lead defense attorney John Galligan has said he doesn’t plan to present any evidence. Military law experts say it’s not unusual for defense attorneys to forgo presenting evidence at Article 32 hearings, which are held to determine whether charges should move forward in military court.
Up periscope
FayObserver reports.
A federal judge has granted a third request for additional time to file a brief in an appeal for Timothy Hennis.
Janes has a report on the USS SAN ANTONIO court-martial — Defect-ridden USS San Antonio should not have sailed, court martial told
The confessions
The PBS Frontline special, “The Confessions” about false confessions and the Norfolk Four is now available.
Up periscope 92
Stars & Stripes reports.
A U.S. soldier will spend more than two years in prison after a military judge found him guilty in a court-martial Tuesday of throwing a crowbar that struck a German motorcyclist in the head.
Stars & Stripes reports.
Up periscope 91
Army Times reports.
The defense does not plan to present any evidence when a military hearing resumes next week for the Army psychiatrist charged in last year’s deadly Fort Hood shootings, the lead defense attorney said Tuesday.
John Galligan said the government had offered “no surprises” in presenting its case against Maj. Nidal Hasan during two weeks of testimony in October.
Humor in uniform
A little off topic, but heck, it’s funny.
Two Philadelphia police officers have been charged with criminal conspiracy, robbery, kidnapping, unlawful restraint, false imprisonment, theft, and other related charges, according to officials.
Sean Alivera, 31, and Christopher Luciano, 23, allegedly robbed a supposed drug dealer of 20 pounds of marijuana with a street value of $24,000 as well as $3,000 in cash. It turns out that the man they thought was a drug dealer was actually an undercover officer.
First CAAF opinion for the term
United States v. Savard.
We granted review to determine whether the military judge erred by failing to hold defense-requested pretrial hearings before ruling on Appellant’s written motions. We hold that, when one of the parties so requests, Rule for Courts-Martial (R.C.M.) 905(h) requires that the military judge hold a hearing on a written motion. (Emphasis added.)
Note in United States v. Jones argued this week one of the issues was the military judge making decisions in an R.C.M. 802 session; a procedure that is not allowed unless the parties consent. In a similar vein to Hutchins, the lawyers and the judge made decisions affecting the accused of which the accused was not made aware, and now the government says that the accused waived the issue.