Court-Martial Trial Practice BlogThe 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
Articles Tagged with UCMJ
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 . . .
Hair comparison admissibility
Gianneli on the Unreliability of Microscopic Hair Analysis
Paul C. Giannelli (Case Western Reserve University School of Law) has posted Microscopic Hair Comparisons: A Cautionary Tale on SSRN. Here is the abstract:
According to the National Academy of Sciences (NAS) Report on forensic science, “testimony linking microscopic hair analysis with particular defendants is highly unreliable.” This is a stunning conclusion because hair evidence has been admitted in numerous trials for over a century.
The NAS Report was not the first to raise issues concerning hair evidence. In 1996, the Department of Justice issued a report discussing the exonerations of the first twenty-eight convicts through the use of DNA technology. This report highlighted the significant role that hair analysis played in a number of cases of these miscarriages of justice, including some death penalty cases. In 1998, a Canadian judicial inquiry into the wrongful conviction of Guy Paul Morin was released. His original conviction was based, in part, on hair evidence. The judge conducting the inquiry recommended that “[t]rial judges should undertake a more critical analysis of the admissibility of hair comparison evidence as circumstantial evidence of guilt.”
Hennis another view
I posted on Hennis just the other day in terms of one reporters view of the weight of the evidence.
Crime & Consequences picks up on a point.
Myron Pitts, who covered the Hennis trial for the Fayetteville Observer, has this article summing up the evidence. The whole story is worth a read, but my favorite line is this:
City of Ontario v. Quon
SCOTUSBlog has a podcast of today’s oral argument.
Rapper case unwrapped
Here at truthout is a different perspective on the rapper case.
According to Jeff Paterson of Courage to Resist, an Oakland-based organization dedicated to supporting military objectors like Hall, he was not jailed for the song, but was instead jailed "in retaliation for his formal complaint of inadequate mental health services available to him at Fort Stewart. The Army used an angry song that Spc. Hall, a combat veteran of the Iraq War suffering from post-traumatic stress, had produced criticizing the stop-loss policy as the pretext."
What put the 34-year-old New York City native in the brig were, according to Paterson, Hall’s persistent assertions of inadequate mental health care that culminated in a December 7 complaint to the Army Investigator General. Just five days after that, Hall was charged with violating "good order and discipline" at Fort Stewart, Georgia, and was shipped out of the country for a court martial in Kuwait.
Digital privacy?
SCOTUSBlog reports that:
At about 11 a.m. Monday, the Supreme Court will hear one hour of oral argument in City of Ontario, et al., v. Quon, et al. (08-1332). Arguing for the California city and its police department will be Kent L. Richland of Greines, Martin, Stein & Richland in Los Angeles. The federal government, represented by Deputy Solicitor General Neal K. Katyal, will have 10 minutes as amicus urging reversal of the Ninth Circuit Court decision. Representing four individuals who sued the city will be Dieter C. Dammeier of Lackie, Dammeier & McGill in Upland, CA.
The ubiquitous personal electronic device — pager, cellphone, “smart phone,” PDA — is emerging as a centerpiece in Digital Age legal controversy, including constitutional disputes when a government agency gets involved in regulating the use of these convenient computer-assisted, hand-held items. The Supreme Court has taken on a case to lay down some basic constitutional ground rules on when the users of those devices — at least in government workplaces — can claim a right of privacy, and sue to enforce the right