I mentioned a report the other delay that United States v. Bailey has been delayed to a time uncertain. Here the blog truthdigit as a interesting story about the case from the perspective of the victims family. Relatives say that trying to answer the question of what, exactly, happened to McBeth has become a guessing…
Continue reading ›NMCCA has decided United States v. Walton. In that case they dismissed an adultery and indecent language conviction based on Fosler, without discussion of the issue. I sort of assume they feel comfortable that Lansford, Gibson (which I posted here) and Leubecker (which I posted here) sufficiently explain NMCCA’s thinking on how to deal with…
Continue reading ›KVIA.com reports: A U.S. Army sergeant accused of the mercy killing of an Iraqi teenager faces court martial at Fort Bliss. Sims is accused of giving a fatal dose of a lethal drug to an Iraqi teenager with third-degree burns to 70 percent of his body at the 10th Combat Support Hospital in 2006 in…
Continue reading ›The Atlanta Journal-Constitution reports: Judge (COL) Pohl has recommended a non-capital referral in United States v. Russell. An Army sergeant accused of killing four fellow soldiers and a Navy officer at a mental health clinic on a military base in Iraq two years ago should be tried for murder but should not face the possibility…
Continue reading ›I posted a couple of weeks ago almost, that NMCCA’s cases in which the Fosler issue was addressed. We have another case which appears consistent with NMCCA’s approach in those prior cases. In United States v. Leubecker, the court took up a Fosler issue again. The two challenged specifications related to breaking restriction and communicating…
Continue reading ›NMCCA has set aside a guilty plea and conviction of misbehavior by a sentinel in United States v. Apodaca. DID THE MILITARY JUDGE ERR BY ACCEPTING THE APPELLANT’S PLEA OF GUILTY TO MISBEHAVIOR BY A SENTINEL, WHERE THE APPELLANT WAS IMPAIRED BY A SUBSTANCE OTHER THAN ALCOHOL AT THE TIME OF THE OFFENSE? COMPARE MANUAL…
Continue reading ›Stars & Stripes is reporting the results of the Wickware court-martial. Airman 1st Class Horace Wickware, convicted Monday of the abuse and murder of his 8-month old son, was found guilty Monday and sentenced to 22 years in prison. I see that the Stars & Stripes have picked up on the former SecNav piece in…
Continue reading ›James Gow, War and War Crimes: Military, Legitimacy and Success in Armed Conflict, Coumbia Univ. Press, Dec. 2011. Necessity and proportionality inform the laws of war, but how do these principles work in modern warfare? What new pressures do the practitioners of war face, especially in light of rapid changes in strategy and policy and…
Continue reading ›Professor Friedman has posted various amicus pleadings on his blog here. He lists one not currently on the SCOTUSBlog for the case. A little more here with Supreme Court cases with potential impact on military justice. Professor Friedman does note as to his own filing: There are a couple of passages that I would amend…
Continue reading ›Now we know – who the nominee is to be the next judge of the Court of Appeals for the Armed Forces — Kevin A. Ohlson. Here is a short fact sheet from DOJ. Here’s a piece from whorunsGOV at the Washington Post. Career History: Chief of Staff to Attorney General Eric Holder (January 2009-January…
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