court-martial Tag Archives — Page 36 of 60 — Court-Martial Trial Practice Blog

Crime Labs

March 20, 2010 | The Law Office of Philip D. Cave

I’ve posted before about issues with forensic testing and police controlled laboratories (including military drug testing laboratories). Here is an article from my old crim law professor, a former Army JA. You’ve also heard me frequently talk about confirmatory bias in regard to police investigations and other investigations.

Paul C. Gianelli, Independent Crime Laboratories: The Problem of Motivational and Cognitive Bias, to be published in the Utah Law Review.

One of the most controversial recommendations in the National Academy of Sciences report on forensic science — Strengthening Forensic Science in the United States: The Path Forward — concerns the removal of crime laboratories from the administrative control of law enforcement agencies. For decades scholars have commented on the “inbred bias of crime laboratories affiliated with law enforcement agencies.” Some commentators have proposed independent laboratories as the remedy for this problem, and in 2002, the Illinois Governor’s Commission on Capital Punishment proposed the establishment of an independent state crime laboratory. This essay documents the problems that triggered the NAS Report’s recommendation. It also examines the counter arguments as well as alternative approaches, including additional measures that should protect forensic analyses from improper influence.

Wuterich update

March 19, 2010 | The Law Office of Philip D. Cave

Military.com reports that:

A four-star general will testify at a pretrial hearing in the biggest criminal case against U.S. troops to arise from the Iraq war, a Marine Corps spokesman said Thursday.

Gen. James Mattis is scheduled to address a military judge Monday on a defense motion to dismiss charges against Staff Sgt. Frank Wuterich on grounds of undue command influence, said the spokesman, Lt. Col. David Griesmer.

Nidal Malik Hasan update

March 18, 2010 | The Law Office of Philip D. Cave

WOAI.com reports:

Hasan’s lawyer claims the U.S. Army is withholding key information he needs to defend Hasan.

Attorney John Galligan said he has been waiting months for classified material needed to help his client. He said he has been given limited access to criminal investigation files.

Another abuse of power case?

March 18, 2010 | The Law Office of Philip D. Cave

Military.com reports:

Last summer, more than a year after completing a seemingly successful tour as commanding officer of the amphibious assault ship Wasp, Capt. Michael Hawley was removed from his post as the head of a Norfolk-based training group. . . .

But a report from the Naval Inspector General’s office outlines six personal or professional violations, including pressuring deployed Wasp Sailors to buy suits and guns from visiting merchants and pilfering a set of salt-and-pepper shakers while attending a dinner hosted by the Canadian navy.

New CAAF opinion dealing with search authorizations in CP cases

March 17, 2010 | The Law Office of Philip D. Cave

United States v. Clayton. Another special exception, in of course, a CP case.

The dissent says it all.

RYAN, J., with whom ERDMANN, J., joins (dissenting):

New ACCA opinion

March 16, 2010 | The Law Office of Philip D. Cave

ACCA has issued an opinion in United States v. Watson, another administrative discharge issued pending appeal, this time an officer.

A military judge sitting as a general court-martial convicted appellant,
pursuant to her pleas, of larceny of government property and fraud against the
United States (two specifications), in violation of Articles 121 and 132, Uniform
Code of Military Justice, 10 U.S.C. §§ 921 and 932 [hereinafter UCMJ]. The
military judge sentenced appellant to a dismissal, confinement for seven months, a
fine of $135,000, and forfeiture of all pay and allowances.

Prior to convening authority action, appellant, a reserve officer, was released
from active duty (REFRAD). While pending appellate review, appellant received
orders placing her in an inactive status. After convening authority action approving
her dismissal, she received discharge orders and an honorable discharge certificate.

Coastie O-6 headed to trial

March 16, 2010 | The Law Office of Philip D. Cave

Navy Times reports that:

A former sector commander in Alaska is facing a general court-marital for charges of adultery, fraternization and other sexual improprieties.

Capt. Herbert “Mark” Hamilton III has been charged with 30 counts, including: failing to follow orders; lying to investigators; committing adultery with enlisted personnel; sending and receiving “sexual and amorous text messages” using a government cell phone; photographing sexual acts; downloading and storing sexually explicit material on his government-issued laptop; and making an official phone call “while engaged in sexual activity,” according to charging documents.

Hennis update

March 16, 2010 | The Law Office of Philip D. Cave

Fay Observer reports that:

U.S. District Judge Terrence Boyle on Wednesday dismissed an effort by Army Master Sgt. Timothy Bailey Hennis to stop his court-martial for a 1985 triple homicide near Fort Bragg.

A jury has been seated in the court-martial. Opening statements and testimony are scheduled to begin today.

Hennis update

March 15, 2010 | The Law Office of Philip D. Cave

The FayObserver.com is reporting that a members panel has been selected and that trial on the merits will begin Wednesday, 17 March 2009.

Up periscope-1×0310

March 13, 2010 | The Law Office of Philip D. Cave

Here is a piece about guilty pleas in military death penalty cases from FDL.

The New York Times is reporting that the Obama Administration is considering changing the law to permit prisoners at Gitmo to plead guilty to death penalty cases without need for a trial. This is apparently a reaction to the stated desires of five Gitmo prisoners to become "martyrs."

WHIO reports that: the Article 32, UCMJ, hearing “in response to allegations that the former top enlisted man at the base sexually harassed 10 female co-workers. [will be held 26 May].”