Court-Martial Trial Practice Blog

More “incidents”

November 20, 2009 | The Law Office of Philip D. Cave

I just commented on two incidents involving suspicious actions by soldiers; one at Fort Campbell and one near Fort Leonard Wood.

Army Times now reports:

A box of hollow-point bullets and an anonymous note threatening an incident like the one at Fort Hood, Texas, were discovered Thursday at Fort Benning, Ga., sparking a criminal investigation and greater police presence, a witness told Army Times.According to a witness at the scene, a box of 20 hollow-point shells and a handwritten note were found in the motor pool area between 1st Battalion and 2nd Battalion, 29th Infantry, under the 197th Infantry Training Brigade.“The note said ‘tell the commanding general to call off all charges or there will be a re-enactment of Fort Hood,’ ” the witness told Army Times. He spoke on condition he wouldn’t be identified.

UP: News roundup

November 20, 2009 | The Law Office of Philip D. Cave

Army Times reports that Major Hasan has had or is about to have a pretrial confinement hearing at Fort Hood. A hearing is required within certain time periods under R.C.M. 305. R.C.M. 305 is a regulation in the manual for courts-martial that implements due process for someone detained for a crime. The military does not have bail. The person is either detained or released into restriction to base or personal recognizance during the time of the court-martial. It is unlikely that Major Hasan will be released onto Fort Hood. The issue appears to be whether he is physically fit for confinement as certified by a medical doctor.

Army Times and AP report that an AWOL soldier wins stay of Canadian deportation.

Canada’s Federal Court says the country’s refugee board must reconsider the case of a lesbian who deserted the U.S. Army.

Major Hasan on trial at NPR

November 20, 2009 | The Law Office of Philip D. Cave

As CAAFLog has pointed out, it appears that Major Hasan will be tried by media.

Someone at the National Capital Consortium, Psychiatry Residency Program, Walter Reed Army Medical Center has released a letter to the Credentials Committee. No word on the WRAMC AR 15-6 into this unauthorized disclosure.

One of the common “defenses” raised at trial is that the accused is a "Good Soldier.” Assuming evidence of this, usually through character witnesses and documents, the military judge is required to instruct the members that a “Good Soldier” defense can if believed and warranted be sufficient to create reasonable doubt at court-martial.

President and executions

November 19, 2009 | The Law Office of Philip D. Cave

FindlawBlotter has this piece:

Obama, the Death Penalty and Military Executions

Pot-luck

November 19, 2009 | The Law Office of Philip D. Cave

Military.com reports:

Arizona sheriff’s deputies busted three men identifying themselves as Army Soldiers with almost 700 pounds of marijuana and $10,000 in cash during a two-day sweep for human smugglers.

Navy, Air Force, and now the Army

November 19, 2009 | The Law Office of Philip D. Cave

Stars & Stripes reports:

Under the Enlisted Involuntary Early Separation Program, soldiers who have fewer than 180 days left on their enlistment will be given a choice when their units deploy: They will be offered incentives to complete the deployment or be involuntarily separated up to 90 days prior to the end of their enlistment, according to an Army message.

Military.com reports:

Pendleton-8 to be discharged

November 17, 2009 | The Law Office of Philip D. Cave

North County Times reports:

Four members of a Camp Pendleton squad convicted of taking part in the kidnapping and murder of an Iraqi civilian in 2006 have been ordered by the Secretary of the Navy to be removed from the military.

Secretary Ray Mabus also directed the Marine Corps to demonstrate why a lieutenant who oversaw the unit and acknowledged abusing detainees should be allowed to stay in the service.

AF Nurse DNR case does begin

November 17, 2009 | The Law Office of Philip D. Cave

DallasNews.com reports:

Fontana’s attorneys argued Tuesday that the patients were gravely ill and their life-expectancy was impossible to predict. They also blamed vague doctors’ orders, poor hospital protocol and sloppy record-keeping in the intensive care unit for the deaths.

I think what they mean is that in the court-martial opening statement the defense said . . .

NMCCA has 6 new decisions – 1 reversed for IAC

November 17, 2009 | The Law Office of Philip D. Cave

NMCCA has issued six new decisions, of which four are merits.

United States v. Maharrey, post-trial delay case.

United States v. Thornton. Appellant raises ineffective assistance of counsel (IAC) and sufficiency of the evidence. The findings and sentence are set-aside based on the IAC. The IAC relates to several issues: failure to properly advise on forum; failure to prepare appellant to testify; failure to cross-examine some witnesses. A DuBay (United States v. DuBay, 37 C.M.R. 411 (1986)) hearing was ordered. The military judge found several issues of IAC. The DuBay judge did not agree with all the allegations of IAC.

Major Hasan’s war crimes trial requests

November 17, 2009 | The Law Office of Philip D. Cave

Military.com reports:

Fort Hood massacre suspect Maj. Nidal Malik Hasan sought to have some of his patients prosecuted for war crimes based on statements they made during psychiatric sessions with him, a captain who served on the base said Monday. (emphasis added)

Other psychiatrists complained to superiors that Hasan’s actions violated doctor-patient confidentiality, Capt. Shannon Meehan told The Dallas Morning News.