Articles Posted in Uncategorized

LTC Lakin has made his CNN appearance. Courtesy of Dwight “ML” Sullivan and CAAFLog, here is a link. Like DMLS I found the comment about protecting the client somewhat odd in light of counsel’s apparent involvement in producing the video which has in effect become LTC Lakin’s public confession of an “intent” to refuse orders.…

We’ve spent a lot of time over the last months addressing Crawford issues in the context of forensic reports. Let’s not forget that there are some exceptions to Crawford and confrontation. Professor Colin Miller writes about the co-conspirator “exception” to Crawford. In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court held that the…

World News Daily reports that LTC Lakin is scheduled to make another (potentially another) potential public confession: A U.S. Army officer challenging President Obama to document his eligibility to occupy to Oval Office will be telling his story to Anderson Cooper on his 360 program on CNN. The interview is scheduled to be broadcast from…

On habeas review of state court convictions, the detective’s trial testimony about the statements of two non-testifying co-actors which implicated the defendant in the shooting and which were used to confront the defendant during his interview violated the Confrontation Clause and constituted plain error, in Ray v. Boatwright, _ F.3d _ (No. 08-2825).

I posted yesterday a couple of items where Mr. Galligan indicates he’s been given notice that the prosecution intends seeking the death penalty in the Hasan case. He’s wrong, but not wrong. It’s a question of terminology and reality. Here is a quick note from KWTX.com: FORT HOOD (April 30, 2010)–Fort Hood authorities said Friday…

Here are some links to reports that the prosecution will seek to provide death penalty related information to the Article 32, UCMJ, IO. AP: Stars & Stripes: Army prosecutors have sent a notice that they plan to seek the death penalty against Maj. Nidal Malik Hasan, accused of the Fort Hood shootings, according to Hasan’s…

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…

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…

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 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. Not sure what “strategy” there is in making sure your client announces he will commit an offense, commits an offense and announces…