Air Force Times reports that: The court-martial of Airman 1st Class Dustin A. Miller will begin Nov. 8. The security forces patrolman faces charges of attempted murder, aggravated assault with a dangerous weapon, aggravated assault inflicting grievous bodily harm and assault with the intent to commit murder. See prior postings about the Mackie (Trask) case…
Continue reading ›Despite the political rhetoric LTC Lakin’s case has given us a number of teaching moments or opportunity to refresh on some basic practice principles. 1. Can LTC Lakin change lawyers at this stage. The answer in this case is probably yes. Although technically Mr. Jensen should submit a motion to be released and the new…
Continue reading ›CNN has this report on the Morlock Article 32, UCMJ, hearing. A U.S. soldier accused of killing civilians in Afghanistan should face a court-martial on murder and other charges, an Army officer has recommended. The recommendation, included in a document obtained by CNN, comes after prosecutors laid out their evidence against Spc. Jeremy Morlock in…
Continue reading ›Army Times reports: A military officer has ordered a mental evaluation for the suspect in the November Fort Hood shootings before a key hearing next week. Earlier this year, Army officials appointed a three-member board of military mental health professionals to determine whether Maj. Nidal Hasan is competent to stand trial and his mental status…
Continue reading ›No. 08–1476. Dwight J. Loving, Petitioner v. Department of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Page 183 here.
Continue reading ›The APF website is back up! The American Patriot Foundation is pleased to announce that LTC Lakin has repositioned his forces, has retained new legal counsel, and is extremely grateful that the Foundation will be dedicating the critical next few weeks before his planned court-martial on November 3-5, to focusing entirely on public affairs, strategic…
Continue reading ›United States v. Sagona, sentenced at court-martial on 8 May 2008, appeal decided 30 September 2010. The issue was IAC of trial defense counsel who allegedly failed to investigate and advise on a potential defense of immunity. R.C.M. 704 covers the issues of immunity, tempered by case law. Basically only the GCMCA can grant immunity,…
Continue reading ›With LTC Lakin’s change in civilian counsel the question is, who will pay his legal fees. The APF said this up until the item was removed (mostly) from the web: American Patriot Foundation’s Legal Defense Fund will pay for all of LTC Lakin’s attorneys fees and costs, and so we urgently need your tax deductible…
Continue reading ›Thanks to RC. The prior link for LTC Lakin’s special page has gone. When you try to go to that link you get the main page of American Patriot Foundation. Clicking to the current projects link gets you to this: Safeguard Our Constitution APF defended LTC Terry Lakin. Lt. Lakin refused to deploy until Barak…
Continue reading ›Here is a quote from an item on DMLHS’s Facebook wall. Guess which of your favorite law firms just became “replacement counsel” on the Lakin case? Going to see what we can salvage. Looks like LTC Lakin may have reached out to Neal Puckett, a real military law knowledgeable person. Either that or Neal is…
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