Court-Martial Trial Practice Blog
The Supremes will here an important FOIA case today, Milner v. Dept. of the Navy. Here is a link to the SCOTUSBlog information.
Have Briefcase (and
Internet), Will TravelFor a Free Consultation
LTC Lakin voir dire
A thought as we get closer to trial. As the Greeley Gazette article and the current postings at such places as PostandEmail, safeguardourconstitution, and wing nut daily, demonstrate there is a great deal of criticism about Judge Lind. Some of that criticism has been harsh and excessive. Other than a statement from LTC Lakin’s lawyer that the judge was right, there has been no public disavowel from LTC Lakin. I don’t know he required to do so, except in an effort to get clemency. But . . . .
Will the new defense counsel voir dire the military judge and challenge her or ask her to recuse herself? If this is to be a members trial, then I think she can clearly say the right words in response to a voir dire and not recuse herself and not to have been found in error on appeal. But, what if LTC Lakin elects a judge alone trial? Maybe that’s different (unless it is part of a PTA)? Implied bias can be a reason to challenge a military judge just as much as members. Remember the Marine case from some years ago, where the SJA got heavily involved in trying to remove the MJ because of her alleged relationship with the defense counsel.
LTC sitrep
As trial approaches the Greeley Gazette has an article part of which notes that the case is now something of a comedy routine on the late night shows. Apparently being the focus of a skit on SNL adds merit.
LTC Lakin’s brother Greg is a lawyer as well as a doctor. There is an interesting comment:
Greg stated that he has not received any response to his letters and is concerned the Army will simply take the easy way out by avoiding the issue and simply lock up his brother. He said based on his experience as a prosecutor in situations like this where there is no case law, “Judges go in with a pre-determined idea how they are going to decide it and take case law and policy statements to say whatever they want. There is no magic law that supports either position.”
Up periscope
The Navy Times reports:
The civilian attorney for a cruiser skipper fired for cruelty and mistreatment of her crew told a board of inquiry in his opening statement Tuesday that his client had been the victim of a sexist and vengeful wardroom of incompetent officers and an inspector general’s investigation with a foregone conclusion.
Prior posting about this and other CO firings here and here.
Command influence
Now available:
Command Influence: A story of Korea and the politics of injustice, Robert A Shaines
Robert A. Shaines today announced the release of Command Influence, A Story of Korea and the Politics of Injustice, published by Outskirts Press. Shaines’ fascinating peek into this less than honorable moment in American history shows not only the wholesale problems that permeated the military justice system at that time, but also the lack of preparedness of America to engage in the Korean War, both in terms of our foreign policy and our military’s lack of equipment and training.
He waivered
Professor Colin Miller has this useful reminder of the effects from Berghuis v. Thompkins.
Say Anything?: Jeopardy Question About New Miranda Opinion Gets It Almost Completely Correct
Last night’s episode of Jeopardy! featured the category "A Murder Investigation," with The Closer’s Kyra Sedgwick reading the clues. The $1000 clue in the category was:
PMC justice
Here is an interesting read. Kathrine J. Chapman, The Untouchables: Private Military Contractors’ Criminal Accountability under the UCMJ, 63 VANDERBILT L. REV. 1047 (2010).
The author argues that:
PMCs must be held accountable for their criminal actions, not merely to provide personal justice for those injured by their crimes, but also for the strategic objectives of organizing the U.S. military’s
available manpower effectively and retaining the support of citizens both domestic and abroad. At the same time, it is simply impractical to bring criminal sanctions against all PMCs for every possible crime
that they might commit. Criminal sanctions against contractors should, at the very least, reach egregious crimes and should focus on quasi-military PMCs. Operating at the battlefront, quasi-military PMCs pose the greatest threat to the U.S. military’s ability to control the contingency operation. Additionally, because they bear arms and wear uniforms like members of the U.S. military, the local populace is more likely to attribute their actions to the U.S. military. By providing justice for victims, criminal sanctions will further the strategic goal of winning the locals’ support and trust during counterinsurgency efforts.
Up periscope
Navy Times reports:
A cruiser skipper who was fired for cruelty and mistreatment of her crew will go before a Navy board of inquiry Tuesday that will recommend whether she can continue her Navy service.
A Behanna update by Army Times:
Jackie Robinson–not guilty
Takepart notes:
Of course, Robinson didn’t begin his fight for equal rights overnight. While enlisted, Robinson was court-martialed for refusing to sit at the back of the bus — eleven years before Rosa Parks. Faced with multiple offenses, including public drunkenness (even though Robinson did not drink), the UCLA standout was acquitted of all charges by an all-white jury.
American Heritage Magazine has this introduction to the charges (and a fairly decent history of the case):
SCOTUS [grants][denies] Smith
Here courtesy of SCOTUSBlog are the relevant documents from Smith v. United States.
Title: Smith v. United States
Docket: 10-18
Issue(s): Whether, when a trial judge’s restriction on the cross-examination of a prosecution witness is challenged on appeal as a violation of the Confrontation Clause, the proper standard of review is de novo or abuse of discretion.
Certiorari-Stage Documents:
- Opinion below (Court of Appeals for the Armed Forces)
- Petition for certiorari
- Brief in opposition
- Amicus brief of the United States Army Defense Appellate Division
- Amicus brief of the National Association of Criminal Defense Lawyers
- Petitioner’s reply
And to round out here is the CGCCA opinion.