Court-Martial Trial Practice BlogThe up and down case of United States v. Hayes, has been decided again by NMCCA. Appellant has gained a new sentencing hearing because the NMCCA is convinced the judge was not impartial when adjudging a sentence. This is another one of those cases which arose because of comments during a bridging the gap talk with the MJ.
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Pending NMCCA argument
For various reasons the issue of homosexuality and DADT has been in the news for a while. The results of the various surveys to servicemembers and familys are still pending.
Tomorrow, NMCCA will hear oral argument in United States v. Hayes:
I. WHETHER THE MILITARY JUDGE’S COMMENTS ON THE RECORD AND DURING THE “BRIDGING THE GAP” DISCUSSIONS WITH COUNSEL REFLECT AN ACTUAL BIAS AGAINST THE APPELLANT’S SEXUAL ORIENTATION, RESULTING IN THE MILITARY JUDGE’S DISQUALIFICATION FROM PRESIDING OVER APPELLANT’S COURT-MARTIAL?
Up periscope
Huffington Post is reporting on the Toussaint case.
A senior chief who was censured by the Secretary of the Navy for hazing sailors under his command may retire with a full pension, Navy officials say.
Since it was announced last October, the terms of Michael Toussaint’s retirement have come under scrutiny that is unprecedented for an enlisted sailor. The senior chief petty officer, who from 2005 to 2006 led a Bahrain-based canine unit that was plagued by widespread documented abuse, denied much of his alleged misconduct in February during a retirement board hearing, a proceeding normally reserved for commissioned officers.