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. The FayObserver writes: Lt. Col. Dave Connolly, an 82nd Airborne Division…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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: The hearing initially will be devoted to a series of motions. It will resume, probably next month, with a…
Continue reading ›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,…
Continue reading ›1 June 2010: the Article 32, UCMJ, hearing ICO MAJ Nidal Malik Hasan is set to begin at Fort Hood. MAJ Hasan is in pretrial confinement therefore the Article 10, UCMJ, speedy trial clock applies. On 26 May 2010, Mr. Galligan, MAJ Hasan’s civilian counsel posted this on his blog. Today is the deadline, imposed…
Continue reading ›Garcia v. Commandant, USDB, No. 10-3027 (10th Cir. May 27, 2010). Fernando Garcia was convicted after a guilty plea before a general court martial. He then sought habeas relief in federal district court pursuant to 28 U.S.C. § 2241, arguing that the military appellate courts failed to afford him adequate review of his Fourth Amendment…
Continue reading ›In United States v. Rodriguez, 67 M.J. 156 (C.A.A.F. 2009), cert. denied, 130 S. Ct. 459 (2009) the court changed years of practice when it came to late filings of petitions for review with CAAF. In Rodriguez the court held that: In light of Bowles v. Russell, 127 S. Ct. 2360 (2007), we conclude that…
Continue reading ›
