The Atlanta Journal-Constitution reports: A major Iraqi war crimes case that has dragged on for five years hit another snag Monday when a military judge excused one of the attorneys for a Marine sergeant whose squad was charged with killing 24 Iraqis. The move by military judge Lt. Col. David M. Jones came only weeks…
Continue reading ›Thanks the CAAFLog here is a link to the new Naval Law Review and an article about . I had just such a case last week. Here is a link to the JER provisions that are applicable. Here is a link to the current form that all naval service users are supposed to sign before…
Continue reading ›Swinging a Sledge: The Right to Effective Assistance of Counsel, the Law of Deportations, and Padilla v. Kentucky, August 31, 2010, Joseph Ditkoff In Padilla v. Kentucky, the Supreme Court decided that the Sixth Amendment’s guarantee of the effective assistance of legal counsel requires that counsel inform his client whether his guilty plea in a…
Continue reading ›I noticed these two cases on FourthAmendment.com today. Defendant was stopped for overtinting, and the officer could smell marijuana, the defendant was really nervous, and the car had 18 air fresheners hanging inside. The subsequent search produced 574 grams of cocaine. The search was valid. Richardson v. State, 2010 Ga. App. LEXIS 827 (September 8,…
Continue reading ›The Pittsburgh Post-Gazette has a book review of Richard North Patterson’s new book which is about a court-martial. Yes, it’s about a Army officer who returns from Iraq, kills his former commander, and As the case unfolds, Mr. Patterson gives the reader a tutorial in military justice as well as the complexities of PTSD. He…
Continue reading ›This is the 10th day that APF (safeguardourconstitution), LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,” “Judge to Rules (sic) . . ..” The APF website does not list or encourage attendance as the previously scheduled Article 39(a), UCMJ, session for tomorrow. The 10…
Continue reading ›This is the 9th day that APF (safeguardourconstitution), LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,” “Judge to Rules (sic) . . ..” The Greeley Gazette, hometown newspaper for LTC Lakin has the piece, “Retired JAG Officer Says Judge’s Ruling Against Discovery for Lakin…
Continue reading ›The Greeley Gazette reports that: A retired JAG officer with over 23 years of experience, says the military judge who ruled against discovery for a Greeley Army officer may have derailed the government’s case based on precedent from another high profile case involving a military officer. Lt. Col John Eidsmoe, a retired Air Force officer…
Continue reading ›News8Austin reports: Next Thursday Maj. Hasan’s pretrial investigation, Article 32 hearing will reconvene. According to officials, the session is called a Status Conference Hearing and will address additional preliminary measures. Officials say no witness testimony will be heard during this portion of the hearing. The Article 32 hearing will be held on October 12.
Continue reading ›Navy Times reports: The combat systems officer of the destroyer Cole is back on duty this week after he was arrested in a courtroom outburst over a disputed traffic ticket in Portsmouth, Va. Lt. Timothy Barry appeared in court to challenge a speeding ticket, but the proceedings started off bad and got worse: According to…
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