AP reports:
Two women testified at a military hearing Tuesday that they would not have had sex with an airman had they known he was HIV positive, and one said she believed him when he said he wasn’t because he was in the Air Force.
Professor Friedman has put up the transcript of argument in Michigan v. Bryant, a Crawford case.
Despite the political rhetoric LTC Lakin’s case has given us a number of teaching moments or opportunity to refresh on some basic practice principles.
1. Can LTC Lakin change lawyers at this stage. The answer in this case is probably yes. Although technically Mr. Jensen should submit a motion to be released and the new counsel file a notice of appearance.
2. Can LTC Lakin’s get a delay in the trial. Trial is currently set to begin 3 November 2010. The current docket is dated 6 October 2010. There is some question whether or not Neal Puckett or his other counsel are available because of the Wuterich trial ongoing. Also, there would be an issue of giving them an opportunity to prepare for trial. The answer to a continuance request in this case is probably yes, unless the prosecution can show an extraordinary adverse effect on their case by a delay.
CNN has this report on the Morlock Article 32, UCMJ, hearing.
A U.S. soldier accused of killing civilians in Afghanistan should face a court-martial on murder and other charges, an Army officer has recommended.
The recommendation, included in a document obtained by CNN, comes after prosecutors laid out their evidence against Spc. Jeremy Morlock in a hearing last week. Morlock is one of five members of the Army’s 5th Stryker Brigade who have been accused of premeditated murder in a series of incidents between January and May.
Army Times reports:
A military officer has ordered a mental evaluation for the suspect in the November Fort Hood shootings before a key hearing next week.
Earlier this year, Army officials appointed a three-member board of military mental health professionals to determine whether Maj. Nidal Hasan is competent to stand trial and his mental status the day of the Nov. 5 shooting.
AP reports:
A U.S. Coast Guard investigating officer has found no legal justification for the deadly collision of a Coast Guard boat with a smaller vessel in San Diego Bay that killed an 8-year-old boy, the Los Angeles Times reported Monday.
San Diego 6 reports:
AFCCA issued an opinion in United States v. Rettinghouse today. It was an Article 62, UCMJ, appeal, with some teaching points.
I note this issue arose because of – yes – trial counsel discovery violations, and then a refusal to accede to the judge’s remedy of producing witnesses for the defense. See a post here.
I am informed that the issue of potential Brady material came up through an inadvertent disclosure at some sort of semi-official gathering at which the trial and defense counsel were present. I likened this method of disclosure as doing a reverse Ankeny. That’s in reference to United States v. Ankeny, 28 M.J. 780 (N.M.C.M.R. 1989). (Interestingly this case is another CAAF case cited in a federal habeas proceeding for a non-military accused. See Nickely v. Hannigan, 869 F. Supp. 875 (D.C. Kan. 1994). In Ankeny it was the defense who made the inadvertent disclosure to the prosecutor.
The Seattle Times reports (on a Ramrod Five/Stryker Brigade case):
The Army has postponed a hearing that had been scheduled for Tuesday for Staff Sgt. David Bram, who faces charges of conspiracy, striking another soldier, cruelty, dereliction of duty and impeding an investigation while serving in southern Afghanistan.
Military.com reports (no surprise here, the surprise would be not seeking a capital referral):
Thanks to DMLHS who pointed out that Neal was also denied today along with Loving.
No. 08–1476. Dwight J. Loving, Petitioner v. Department of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.
Page 183 here.
The APF website is back up!
The American Patriot Foundation is pleased to announce that LTC Lakin has repositioned his forces, has retained new legal counsel, and is extremely grateful that the Foundation will be dedicating the critical next few weeks before his planned court-martial on November 3-5, to focusing entirely on public affairs, strategic communications/messaging and coalition-building and that their support will continue seamlessly as the new attorney prepares for trial. CLICK HERE FOR FULL PRESS RELEASE.
The release partly says:
Court-Martial Trial Practice Blog
