Court-Martial Trial Practice BlogKXXV.com reports:
A Fort Hood soldier accused of possession of child pornography has been sentenced.
A General Court-Martial found Sgt. Donald Keith Whitten guilty of wrongful possession of child pornography earlier this week.
Up periscope
Articles Tagged with court-martial
Crawford issue
On habeas review of state court convictions, the detective’s trial testimony about the statements of two non-testifying co-actors which implicated the defendant in the shooting and which were used to confront the defendant during his interview violated the Confrontation Clause and constituted plain error, in Ray v. Boatwright, _ F.3d _ (No. 08-2825).
Hasan update
I posted yesterday a couple of items where Mr. Galligan indicates he’s been given notice that the prosecution intends seeking the death penalty in the Hasan case. He’s wrong, but not wrong. It’s a question of terminology and reality.
Here is a quick note from KWTX.com:
FORT HOOD (April 30, 2010)–Fort Hood authorities said Friday they have not reached a decision to seek the death penalty in the upcoming Article 32 for Army Maj. Nidal M. Hasan.
Army Lawyer online
http://goo.gl/NOZB
NMCCA decision
United States v. Holmes.
On direct appeal the NMCCA set aside the original findings of guilty to negligent homicide and the sentence.
A rehearing on sentence was authorized for the remaining guilty finding of false official statement.
Defense counsel release from a case
An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports:
A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in the Iraqi town of Hamdaniya.
Pvt. Lawrence G. Hutchins III, a former sergeant now serving an 11-year sentence in the military prison at Fort Leavenworth, Kan., will be released from confinement if the Navy does not appeal the court’s Thursday ruling, his attorney, Capt. Babu Kaza, told Marine Corps Times. However, Hutchins also could face a new set of charges if the Marine Corps wants to readdress his case.
Behenna status
Main Justice reports:
A high-profile appeal of an Army First Lieutenant convicted last year of killing an unarmed detainee in Iraq could turn in part on whether military prosecutors withheld exculpatory evidence.
[The] case underscores how the government is being forced to explain, in the military courts as well as the civilian justice system, its compliance with Brady v. Maryland, the 1963 Supreme Court case that requires prosecutors to turn over exculpatory information to the defense.
LTC Lakin update
Should you want to follow the case – from a defense perspective – here are the three most common websites to follow.
WorldNetDaily. This piece about commentary from MG Paul Vallely, USA, appears to be the latest piece: “Retired Army general: LtCol Lakin has a ‘valid point.’
The filing of charges may, however, be part of the still-unrevealed strategy Lakin and his legal counselors are pursuing.
Hamdaniya accused gets temporary reprieve
An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports:
A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in the Iraqi town of Hamdaniya.
Pvt. Lawrence G. Hutchins III, a former sergeant now serving an 11-year sentence in the military prison at Fort Leavenworth, Kan., will be released from confinement if the Navy does not appeal the court’s Thursday ruling, his attorney, Capt. Babu Kaza, told Marine Corps Times. However, Hutchins also could face a new set of charges if the Marine Corps wants to readdress his case.
LTC Lakin update
The safeguardourconstitution.com website has posted the charge sheet for LTC Lakin.
WND reports that:
The filing of charges may, however, be part of the still-unrevealed strategy Lakin and his legal counselors are pursuing.