Court-Martial Trial Practice

Here is a link to the military judge’s sentencing statement in the case of Canadian Captain Semrau. Obviously it is notable because the practice is for the judge to provide a reasons for sentencing, but secondly is the reliance on United States v. Maynulet and United States v. Horne (LEXIS doesn’t show a “Horne” case,…

Courtesy of fourthamendmentlaw.com here is an interesting summary of search law from the Oregon Federal Public Defender. First he acknowledges that a persons privacy right has been restricted over the years and with the advent of technology privacy may get harder to protect. A. Introduction The revolution of the Warren Court, especially in the area…

USA Today is reporting that Morlock has been referred to trial non-capital. As does Reuters, MSNBC and other news outlets.

It appears that LTC Lakin may be feeling victimized? safeguardourconstitution reports: In facing court-martial, LTC Lakin is just the latest victim of the determined effort of the President not to provide simple proof of his eligibility under the constitution to hold office. Thanks Dr. Conspiracy for catching that.

Military.com reports: A US special forces member suspected of having accidentally killed a British aid worker held hostage in Afghanistan could face disciplinary action, officials said Thursday. Reuters reports that: Col. James Pohl, the presiding officer at Hasan’s hearing, denied a request from Hasan’s lawyers to delay the Article 32 evidentiary hearing to determine if…

the log (California’s Boating & Fishing News) reports: The Coast Guard has ordered three petty officers to stand trial in a San Diego Bay crash that killed an 8-year-old boy during a holiday boat parade, an official said Oct. 6. Rear Adm. Joseph R. Castillo, commander of the 11th Coast Guard District, ordered the general…

I happened to have business at MDW today so I stopped by to take LTC Lakin’s pulse for his upcoming court-martial and watch today’s Article 39(a), UCMJ, session. The writ was denied today. A straight line standard denial [thanks to CAAFLog for a copy]. 1. Mr. Jensen was excused from further participation in the case…

curiouser and curiouser, the Houston Chronicle reports: Army Col. James Pohl he told the defense it could put its arguments for the continuance into writing rather than air them in court. Defense attorneys did not want to explain their reasons publicly. “I believe that would protect your client’s interest,” Pohl said, adding that he would…

safeguardourconstitution has this item: Next court event: Wednesday, October 13 at Ft McNair- 12:00 pm Wednesday’s court appearance will address LTC Lakin’s change of counsel and should be only a brief session. Fort McNair is located at 4th and P streets, SW, near the Waterfront/Marina. Some landmarks are the Waterfront Metro, the EPA building at…

Mercury News reports: A military hearing to determine whether an Army psychiatrist should go to trial for a deadly shooting rampage at Fort Hood was abruptly adjourned Tuesday when defense attorneys asked for a nearly month long delay.