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KPLU News reports. Key pieces of evidence were lost or never collected in the case of five Washington-based soldiers charged with murdering Afghan civilians. That emerged Tuesday in an evidentiary hearing against the alleged ringleader – Staff Sgt. Calvin Gibbs.

Courtesy of Army Times, here is a link to, “Fort Hood Army Internal Review Team: Final Report.”

Thanks to a jab from RealityCheck. Let’s parse the current defense information release from LTC Lakin’s defense counsel. His previous civilian attorney complicated his case and is partially responsible for two of these charges by advising LTC Lakin to refuse to report to his superior officer. I posted a while back about the TMLUTB defense.…

Thanks to Sentencing Law & Policy here is a paper that raises some thoughts on IAC for pretrial advice to clients. As we know we won’t get anything solid on that from CAAF a la immigration because Denedo’s case is over. But, . . . . Post Padilla: Padilla’s Puzzles for Review in State and…

Misc. No. 11-8009/MC. Frank D. WUTERICH, Appellant v. David L. Jones, Lieutenant Colonel, United States Marine Corps, in his capacity as Military Judge, and United States, Appellees. CCA 200800183. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on application for…

Lexington Herald-Leader reports: Staff Sgt. Calvin Gibbs’ big talk about killing Afghan civilians and getting away with it made him stand out when he joined a new platoon at an Army base in southern Afghanistan a year ago, according to written statements from his comrades. Some of his Stryker platoon mates from Joint Base Lewis-McChord…

Here courtesy of Obama Conspiracy Theories is the Congressional Research Service legal opinion on, well . . . . . . .. Members of Congress Memo–What to Tell Your Constituents in Answer to Obama Eligibility Questions

Mercury News is reporting that United States v. Wuterich is delayed until 24 January 2011, pending a resolution of their issue of defense counsel representation. AP reports the same, as does The Canadian Press.

United States v. Moore, decided 28 October 2010. Appellant alleges, inter alia, that assault with intent to commit rape is not a lesser-included offense of rape under United States v. Jones, 68 M.J. 465 (C.A.A.F. 2010) and that his conviction should be set aside. We agree, and provide relief in our decretal paragraph. Because we…

I’ve posted before about CP sentencing in federal courts. Here is a piece with links at Sentencing Law & Policy which further discusses CP related sentencing in federal courts and the U. S. Sentencing Guidelines Commission. As the sentencing guidelines for child pornography crimes have grown increasingly harsh, a strong trend has developed among federal…