death Tag Archives — Court-Martial Trial Practice Blog

Statute of Limitations

November 26, 2024 | The Law Office of Philip D. Cave

Statutes of limitations are legal deadlines for filing criminal charges. They are essential because:

Statutes of limitations are crucial in preserving evidence and ensuring a fair trial. As time passes, evidence can deteriorate, witnesses can forget details or become unavailable, and memories can become less reliable. This can significantly hinder the fairness of a trial, particularly for the defendant. The statutes of limitations help maintain this balance.
Statutes of limitations shield the defendant’s rights, providing a sense of security. It’s generally unjust to leave someone under the perpetual threat of prosecution. These statutes protect individuals from facing charges for actions long in the past when mounting a defense might be extremely challenging.

Hasan update

April 30, 2010 | The Law Office of Philip D. Cave

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.

Hennis update

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

I expect we’ll see several commentary’s about the Hennis trial. Here is one from Myron Pitts, FayObserver.com, which he calls, “Evidence adds up in support of Hennis verdict.” (Along with the article is a great list of links to prior reporting on the case.)

I saw a military jury convict Hennis on April 8 and sentence him to die Thursday[.]

Hennis’ lawyer, Frank Spinner, said at the bottom of the courthouse steps that the jury never got to know his client, who did not testify. The jurors instead were treated to gruesome photos of the murder scene, he said.

CPT Bjork – Evergreen – to go to court-martial

January 14, 2010 | The Law Office of Philip D. Cave

The United States military has decided to refer charges against an Army captain from Evergreen who is accused of ordering Iraqi officers to kill two Iraqi civilians.

Army Times reports.