Army Times reports: A court-martialed U.S. soldier has been found not guilty by reason of lack of mental responsibility in the killing of a civilian contractor in Iraq. The Capital reports: A Naval Academy midshipman was found guilty of raping and sexually assaulting a classmate and lying to investigators during a court-martial at the Washington…
Continue reading ›Monday kicks off opening arguments for the new SCOTUS term. Here is a listing of pending cases, culled from SCOTUSBlog, of criminal law cases that may have some relevance to military justice practitioners (non of them are military cases). Argument date | case number | case name | summary of QP. 10.04 10-63 Maples v.…
Continue reading ›Professor Friedman has posted a link (via Westlaw) to a “nice opinion” on a case similar to Williams v. Illinois. Here is a more available link to Derr v. State (Maryland). Basically this is a surrogate expert witness at trial case. The Maryland court said: Derr challenges the admission of forensic evidence introduced at trial…
Continue reading ›JDNews reports: In the wake of a high-profile hazing investigation involving a Marine suicide (in Afghanistan), a Camp Lejeune Marine is claiming he was falsely accused of a similar offense by a handful of junior troops. Here is a link to a CAAFLog post about the suicide of Lew. In a previous post on Lew:…
Continue reading ›Here is a link to the new Military Commissions website. The Capital reports: A midshipman accused of raping a classmate in her Bancroft Hall dorm room testified Tuesday that the sex was consensual and that he initially lied to investigators because he feared being kicked out of the Naval Academy. Amanda Stairett of kcentv.com reports…
Continue reading ›I have updated the list to indicate whether or not the appellant got a benefit on sentence as a result of the Fosler issue. United States v. Gibson, No. 201000669 (N.M.Ct.Crim.App., 30 Aug 2011) (convicted pursuant to pleas) – Affirmed, no sentence relief. United States v. Lonsford, No. 201100022 (N.M.Ct.Crim.App., 30 Aug 2011) (convicted contrary…
Continue reading ›Military.com reports that: The Obama administration’s handpicked choice to run prosecutions at the Guantanamo war crimes court is pledging a new era of transparency from the remote base, complete with near simultaneous transmissions of the proceedings to victims and reporters on U.S. soil. Army Brig. Gen. Mark Martins made the disclosure in a profile published…
Continue reading ›Larry Alexander, Self-Defense THE ROUTLEDGE COMPANION TO PHILOSOPHY OF LAW, Andrei Marmor, ed., Routledge Philosophy Companions, Forthcoming. San Diego Legal Studies Paper No. 11-065
Continue reading ›kcentv.com reports that: The court-martial for PFC Carl T. Stovall III began this morning on post with him pleading not guilty in a March 26, 2009, shooting that left a Hungarian man dead. The Capital (HometownAnnapolis.com) reports: Blue pants were a central piece of evidence Monday in the court-martial of a Naval Academy midshipman accused…
Continue reading ›Colorado Springs Gazette reports that: A former Fort Carson soldier convicted for his part in the 2007 shooting death of another soldier was denied parole on Thursday, according to the slain man’s mother. postcrescent.com reports that: U.S. Army military police have launched an investigation into the death of Staff Sgt. Garrick L. Eppinger Jr., his…
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