Court-Martial Trial Practice

safeguardourconsititution (APF) has an affidavit from LTG T. McInerney in support of LTC Lakin’s discovery request. Lawyers interested in the legal merits of the issue will likely find themselves dissatisfied with the affidavit. It is a combination of justification for LTC Lakin’s contumacy and reasons why the discovery should be granted. There is no comment…

AP is reporting that the Khadr detainee trial will begin again 18 October. Here is an interesting Washington Post opinion piece about some contractors in Iraq. THE ALLEGATIONS are sadly familiar by now: The men were picked up by U.S. military forces, locked in tiny cells, deprived of sleep, and subjected to extreme temperatures and…

Army Times reports: Attorneys for a disgruntled Army Reserve soldier who fatally shot his supervisor after his vacation was denied say his fasting to meet stringent military weight guidelines left him in a trancelike state. (This courtroom sketch shows Army Reserve Sgt. Rashad Valmont during military hearing Monday, Aug. 30, 2010 at Fort McPherson, Ga.…

CAAFLog previously put out: FY 2010 DOD Authorization Act includes a provision (Section 506) establishing a five-member “independent panel to review the judge advocate requirements of the Department of the Navy.” The panel “shall carry out a study of the policies and management and organizational practices of the Navy and Marine Corps with respect to…

In the July Army Lawyer Judge McDonald has some comments based on his first year on the bench. (I have noted over the years that it takes most judges about a year to get their relative bearing.) I think we can all echo his comments and find a myriad of examples from our own and…

Two items relevant to the internet, privacy, and the Fourth Amendment. Orwell would be . . . Orin S. Kerr, Applying the Fourth Amendment to the Internet: A General Approach, 62(4) STANFORD L. REV. 1005 (2010). This Article proposes a general approach to applying the Fourth Amendment to the Internet. It assumes that courts will…

ACCA has released an unpublished opinion in United States v. Delagarza. It’s an odd case. A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of violating a general order, false official statement, and two specifications of larceny (from his fellow soldiers), in violation of Articles 92, 107, and 121, Uniform…

USNavySEALS.com reports a possible widening of the Wikileaks – Manning investigation: Former computer hacker Adrian Lamo (who pointed federal authorities to the Army Intelligence analyst who allegedly leaked the documents, Bradley Manning), has implicated two men in the Boston area in the controversy. Lamo shared that these two men have told him through phone conversations…

Temple Daily News has this odd report concerning John Galligan. A child molestation case in the Bell County court system more than a decade after the military closed it out took a bizarre turn Friday when a judge ruled the defense attorney must be removed because he could be a potential witness. Lamar Andre Smith,…

Here is a link to the July Army Lawyer. “I Won’t Participate in an Illegal War”: Military Objectors, the Nuremberg Defense, and the Obligation to Refuse Illegal Orders United States v. Blazier: So Exactly Who Needs an Invitation to the Dance? Substantive Crimes and Defenses Lesser Included Offenses Update: United States v. Jones