Court-Martial Trial Practice

Here courtesy of SCOTUSBlog are the relevant documents from Smith v. United States. Title: Smith v. United States Docket: 10-18 Issue(s): Whether, when a trial judge’s restriction on the cross-examination of a prosecution witness is challenged on appeal as a violation of the Confrontation Clause, the proper standard of review is de novo or abuse…

There are several decisions: United States v. Sanchez is back with the same result. There was a time when the SJAR used to be a long and complete and thorough briefing sheet to the commander acting post-trial. Because of a very very few lost cases on post-trial delay and the amount of work required the…

Adding to this years catalog of Navy CO’s fired the Navy Times reports. The Navy has fired the commanding officer of the attack submarine Memphis as 10 members of his crew are under investigation in an alleged cheating ring involving shipboard training exams, according to a Navy release. See prior post here about Relief for…

Fox News reports A key intelligence report that could aid accused Fort Hood shooter Maj. Nidal Hasan’s defense is being withheld by the Obama administration, according to a letter obtained by Fox News as part of its ongoing investigation of a radical American cleric. . . . . John Galligan, Hasan’s defense attorney, told Fox…

Reuters reports: Lawyers for one of five U.S. soldiers accused of murdering unarmed Afghan civilians for sport petitioned a military appeals court on Thursday to open grisly photographic evidence in the case to public scrutiny. The writ also sought to have the court in Arlington, Virginia, halt the so-called Article 32 investigative proceedings against the…

CAAF has decided United States v. Alston. Whether the military judge, over appellant’s objection, erroneously instructed the panel that aggravated sexual assault was a LIO of rape by force. No; elements test applied, see United States v. Jones, 68 M.J. 465, 472 (C.A.A.F. 2010).

WDAY 6 reports. A master sergeant at Grand Forks Air Force Base is facing a court-martial late this month for alleged dereliction of duty. The attorney for Master Sgt. Lisa Mashburn says she will be exonerated. Take a look at Thomas v. U.S.D.B, in the 10th Cir. decided 16 November 2010.

The media is reporting that the IO has recommended a death penalty referral. Quick but not unexpected.

Norbrook has a good piece here on Blue Wave News about Conscience and Duty. Worth a read. And TPMMuckraker has this piece. In the lead-up to the court martial, the American Patriot Foundation, the group that set up his legal defense fund, launched “Terry Lakin Action Week,” and invoked Nuremberg to argue Lakin’s case[.]

Stars & Stripes reports. A former airman has been convicted of second degree murder and witness tampering in connection with the death of an Army sergeant during a gang initiation ceremony in Germany. Six other servicemembers have already been tried in military court in connection with the incident. Five received jail time ranging from two…