UCMJ Tag Archives — Page 22 of 51 — Court-Martial Trial Practice Blog

An Abu Ghraib post-script?

June 5, 2010 | The Law Office of Philip D. Cave

The Canadian Press reports that:

Charles Graner was a manipulative sadist, Ivan Frederick sincerely penitent and Lynndie England an infatuated follower who got more notice than her role deserved, according to the authors of a new book on the Abu Ghraib prison abuse scandal.

Christopher Graveline helped prosecute the defendants and investigator Michael Clemens assisted the prosecution team. They conclude, not surprisingly, that military justice was served by the criminal convictions of 11 low-ranking soldiers and the nonjudicial punishment of a handful of officers.

LTC Lakin update on WorldNetDaily

June 3, 2010 | The Law Office of Philip D. Cave

WorldNetDaily has commented on the recent memorandum issued by the Article 32, UCMJ, IO in LTC Lakin’s case.

But Lakin said the result "makes it impossible for me to have a fair hearing."

"I cannot even raise the issue of the president’s eligibility, on the grounds that my position has ‘no basis in law,’" he said

Up periscope

June 3, 2010 | The Law Office of Philip D. Cave

Navy Times reports that:

An active-duty Seabee is wanted for questioning in the slaying of his pregnant wife, authorities said.

Steelworker First Class (SCW) Eric Gilford, 31, disappeared after his wife, Kristine, was found stabbed to death May 26 in a residence in the Chicago suburb of Villa Park, Illinois authorities said.

Pernell update and press access

June 3, 2010 | The Law Office of Philip D. Cave

Army Times reports that:

Experts say Fort Bragg likely violated the First Amendment when it sought to prohibit reporters from identifying accusers at a soldier’s arraignment.

The Observer doesn’t publish names of victims of sexual crimes. But Pernell faces charges other than sex crimes.

LTC Lakin update

June 2, 2010 | The Law Office of Philip D. Cave

Thanks to safeguardourconstitution.com we have the Article 32, UCMJ, IO’s written ruling on several matters in LTC Lakin’s case.

Note, “the Army” did not refuse the defense requests. The IO did, acting in his role assigned under Article 32, UCMJ, and R.C.M. 405. This is what I would have expected MAJ Kemkes, the military defense counsel to have told LTC Larkin, and by inference, Mr. Jensen.

The written ruling is as expected.

Pernell update

June 1, 2010 | The Law Office of Philip D. Cave

FayObserver reports that:

A Fort Bragg soldier accused of rape and break-ins on post, as well as in Cumberland County, is due in court Wednesday for an arraignment hearing.

Aaron M. Pernell, 22, of Tulsa, Okla., is charged by the military with two counts of rape, one count of attempted rape, one count of assault consummated by battery, two counts of burglary and one count of housebreaking, according to a release from the 82nd Airborne Division.

Breaking on Hasan

June 1, 2010 | The Law Office of Philip D. Cave

MySA news reports that:

Defense attorneys for Maj. Nidal Malik Hasan, a Fort Hood psychiatrist charged with killing 13 people and wounding 32 others in a mass shooting here last fall, won a four-month delay Tuesday in an evidentiary hearing that could lead to his court-martial.

Sitting in the same courtroom where he oversaw proceedings for two infamous Abu Ghraib defendants, Col. James Pohl ruled in favor of the defense, which said it had not received all the documents it needed – including a ballistic trajectory report now being done by the FBI in Quantico, Va.

SCOTUS activity

June 1, 2010 | The Law Office of Philip D. Cave

There are two decisions issued today of some relevance to military justice practitioners. One relates to Miranda and another to SORNA.

As to Berghuis v. Thompkins, Kent Scheidegger of crimeandconsequences blog says:

The Miranda rule remains intact in that the police must warn suspects of their rights and that an invocation of those rights by the suspect requires the police to stop questioning. Today’s decision involves what is needed to establish whether a suspect invoked or waived his rights.

MAJ Hasan

June 1, 2010 | The Law Office of Philip D. Cave

Article 32, is supposed to begin today.

Here is a link to Wikipedia and a biography of Major Hasan. The Washington Post also has a piece on his life.

The Houston Chronicle has an odd item:

A lawyers conscience

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

Dwight Sullivan and I have often referred to Professor Melinkoff’s book, “The Conscience of a Lawyer.” One synopsis says:

Begins with the 1840 murder trial Regina vs. Courvoisier, when, before the second day of trial, Benjamin Courvoisier, the accused, confesses to his lawyer that he committed the crime. The first half of the text describes, in polished narrative style, the course and circumstances of this highly intriguing trial. In the remainder, the author discusses the intricate ethical, moral and strategic issues raised by the uncomfortable position in which the defense counsel is found.

In a CAAFLog posting Dwight says: