Court-Martial Trial Practice

An important change to the Federal Rules of Evidence begins today. That means, absent Presidential action, the rule will take affect in the military no later than 18 months from now. This is a significant change requiring the prosecution to corroborate statements against penal interest. On December 1, 2010, a new amendment to the Federal…

The Supremes will here an important FOIA case today, Milner v. Dept. of the Navy. Here is a link to the SCOTUSBlog information.

A thought as we get closer to trial. As the Greeley Gazette article and the current postings at such places as PostandEmail, safeguardourconstitution, and wing nut daily, demonstrate there is a great deal of criticism about Judge Lind. Some of that criticism has been harsh and excessive. Other than a statement from LTC Lakin’s lawyer…

As trial approaches the Greeley Gazette has an article part of which notes that the case is now something of a comedy routine on the late night shows. Apparently being the focus of a skit on SNL adds merit. LTC Lakin’s brother Greg is a lawyer as well as a doctor. There is an interesting…

The Navy Times reports: The civilian attorney for a cruiser skipper fired for cruelty and mistreatment of her crew told a board of inquiry in his opening statement Tuesday that his client had been the victim of a sexist and vengeful wardroom of incompetent officers and an inspector general’s investigation with a foregone conclusion. Prior…

Now available: Command Influence: A story of Korea and the politics of injustice, Robert A Shaines Robert A. Shaines today announced the release of Command Influence, A Story of Korea and the Politics of Injustice, published by Outskirts Press. Shaines’ fascinating peek into this less than honorable moment in American history shows not only the…

Professor Colin Miller has this useful reminder of the effects from Berghuis v. Thompkins. Say Anything?: Jeopardy Question About New Miranda Opinion Gets It Almost Completely Correct Last night’s episode of Jeopardy! featured the category “A Murder Investigation,” with The Closer’s Kyra Sedgwick reading the clues. The $1000 clue in the category was: Getting confessions,…

Here is an interesting read. Kathrine J. Chapman, The Untouchables: Private Military Contractors’ Criminal Accountability under the UCMJ, 63 VANDERBILT L. REV. 1047 (2010). The author argues that: PMCs must be held accountable for their criminal actions, not merely to provide personal justice for those injured by their crimes, but also for the strategic objectives…

Navy Times reports: A cruiser skipper who was fired for cruelty and mistreatment of her crew will go before a Navy board of inquiry Tuesday that will recommend whether she can continue her Navy service. A Behanna update by Army Times: The Army Clemency and Parole Board in Arlington, Va., will review First Lt. Michael…

Takepart notes: Of course, Robinson didn’t begin his fight for equal rights overnight. While enlisted, Robinson was court-martialed for refusing to sit at the back of the bus — eleven years before Rosa Parks. Faced with multiple offenses, including public drunkenness (even though Robinson did not drink), the UCLA standout was acquitted of all charges…