The Navy-Marine Corps Court of Criminal Appeals released today its en banc decision in United States v. Medina, No. 200900053, __ M.J. __ (N-M. Ct. Crim. App. Dec. 17, 2009). The main portion of the opinion focuses on Art. 120. The majority finds Art. 120 facially constitutional, citing United States v. Crotchett, __ M.J. ___, No. NMCCA 200800770 (N-M. Ct. Crim. App. May 12, 2009) (en banc), the court’s prior decision on Art. 120.
Rumor has it that there are now 12 trial counsel assigned to the prosecution of Major Nidal Malik Hasan, at least one of whom has military death penalty litigation experience.
The defense remains at three with Mr. Galligan and two military defense counsel, none of whom have death penalty experience under the UCMJ.
The Army psychiatrist charged with fatally shooting 13 people at Fort Hood last month has been moved from a hospital intensive care unit to a private room, his attorney said Wednesday. Maj. Nidal Malik Hasan remains under guard at Brooke Army Medical Center in San Antonio and is rehabilitating from wounds that left him paralyzed from the waist down.
The wrongful use of prescription medications is an offense under Article 112a, UCMJ.
About one in four soldiers admit to abusing prescription drugs, most of them pain relievers, in a one-year period, according to a Pentagon health survey released Wednesday.
The study, which surveyed more than 28,500 U.S. troops last year, showed that about 20 percent of Marines had also abused prescription drugs, mostly painkillers, in that same period.
An Army captain from Evergreen, accused of ordering Iraqi officers to kill two Iraqi civilians, will find out in the next few weeks if his case will go before a court martial.
The United States Military "preferred" one count of reckless endangerment and two counts of premeditated murder against Capt. Carl Bjork on Nov. 3.
Reports 9NEWS.com. An Article 32, UCMJ, investigation has yet to be ordered, so no court-martial for a while.
A Palm Springs man who surprised former classmates at his high school reunion in Martinez when he showed up in a Marine Corps uniform has pleaded guilty to wearing military medals that he never earned.
He will face as much as a year in prison and up to a $100,000 fine when he is sentenced March 1. He remains free on $10,000 bond.
The SFGate reports.
Ohio holds today (4-3) that a cell phone search requires a warrant without exigent circumstances. Therefore, it was not subject to a search incident. Today’s cell phones are analogous to a computer. State v. Smith, 2009 Ohio 6426 (December 15, 2009).
FourthAmendment blog reports. Seems there ought to be similar results for a military search and that the fruits of a warrantless search should similarly be excluded at court-martial.
A Fort Benning soldier has been sentenced to life in a military prison for the slaying of an Army trainee who was repeatedly stabbed with a knife in his barracks last year.
Reports WDBJ7.com.
A hearing will be held at 2 p.m. Tuesday for Capt. Herbert “Mark” Hamilton III, who was charged Nov. 3 with multiple offenses, including indecent acts, sodomy, fraud and conduct unbecoming an officer.
The downloading of CP?
This local story from Virginia, which is headlined "Navy officer gets 40 months for child porn," reflects recent debates over both the federal child porn sentencing guidelines and showing leniency for those who served our country in the military. Here are the details:
A Navy lieutenant commander who served in Iraq with an elite Riverine unit was sentenced today to 40 months in prison after admitting he downloaded child pornography. John J. Hall blamed his actions in part on post traumatic stress disorder, a claim that the judge in the case took into account in granting leniency.
I’ve commented before about The Conscience of a Lawyer, the story of a how could you represent a really bad person. Here is an excellent article about Colonel Galligan who is representing Major Nidal Milak Hasan for the shootings at Fort Hood.
The Dallas News.com
Here are some headline actions around military justice.
GI Cleared of Rape now Fears for Career, Military Times
Amphib CO, XO fired in fraternization case, Navy TImes.
Court-Martial Trial Practice Blog