Court-Martial Trial Practice Bloghttp://goo.gl/NOZB
Articles Tagged with UCMJ
Defense counsel release from a case
An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports:
A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in the Iraqi town of Hamdaniya.
Pvt. Lawrence G. Hutchins III, a former sergeant now serving an 11-year sentence in the military prison at Fort Leavenworth, Kan., will be released from confinement if the Navy does not appeal the court’s Thursday ruling, his attorney, Capt. Babu Kaza, told Marine Corps Times. However, Hutchins also could face a new set of charges if the Marine Corps wants to readdress his case.
Behenna status
Main Justice reports:
A high-profile appeal of an Army First Lieutenant convicted last year of killing an unarmed detainee in Iraq could turn in part on whether military prosecutors withheld exculpatory evidence.
[The] case underscores how the government is being forced to explain, in the military courts as well as the civilian justice system, its compliance with Brady v. Maryland, the 1963 Supreme Court case that requires prosecutors to turn over exculpatory information to the defense.
LTC Lakin update
Should you want to follow the case – from a defense perspective – here are the three most common websites to follow.
WorldNetDaily. This piece about commentary from MG Paul Vallely, USA, appears to be the latest piece: “Retired Army general: LtCol Lakin has a ‘valid point.’
The filing of charges may, however, be part of the still-unrevealed strategy Lakin and his legal counselors are pursuing.
Hamdaniya accused gets temporary reprieve
An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports:
A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in the Iraqi town of Hamdaniya.
Pvt. Lawrence G. Hutchins III, a former sergeant now serving an 11-year sentence in the military prison at Fort Leavenworth, Kan., will be released from confinement if the Navy does not appeal the court’s Thursday ruling, his attorney, Capt. Babu Kaza, told Marine Corps Times. However, Hutchins also could face a new set of charges if the Marine Corps wants to readdress his case.
LTC Lakin update
The safeguardourconstitution.com website has posted the charge sheet for LTC Lakin.
WND reports that:
The filing of charges may, however, be part of the still-unrevealed strategy Lakin and his legal counselors are pursuing.
LTC Lakin update [corrected]
TPMMuckraker reports:
Appearing on the G. Gordon Liddy radio show today, the attorney for Lt. Col. Terrence Lakin, the Birther Army doctor who is said to be facing a court martial for refusing orders, suggested that if his client is court-martialled, he will use discovery to try to further the Birther crusade.
Jensen said he expects an investigation of Lakin under Article 32 of the Uniform Code of Military Justice — which precedes a court martial — to begin as early as today or tomorrow.
More confessions and admissions coming
WorldNetDaily reports that LTC Lakin will be confessing on G. Gordon Liddy’s TV show tomorrow.
The officer refusing Army orders until Barack Obama documents his eligibility to be president and commander in chief is hitting the airwaves tomorrow to answer questions about his challenge to the president.
Lt. Col. Terry Lakin is scheduled to be on the G. Gordon Liddy show tomorrow from 10-11 a.m. EDT.
DADT case
Stars & Stripes reports.
Reversing an earlier decision, the Air Force said Monday it intends to discharge a lesbian Air Force officer who had remained in the military despite openly declaring her homosexuality.
An Air Force general earlier this year concluded that Lt. Robin R. Chaurasiya should not be discharged, saying she had declared her sexual orientation for the purpose of avoiding military service.
False claims of rape?
Sad, but not unusual, from The False Rape Society.
My story started last summer when we got back from Iraq. My best friend and I went to a night club and long story short I had sex with a woman. This woman was a female soldier and ended up being late to work the next morning. I was on leave at the time, so I didn’t have to go too work. She accused me of raping her, because she was going to show up to work drunk and late.
. . . the charges are being dropped . . .