Court-Martial Trial Practice

The spinning has begun, and yes there’s a pun in there, or at least an attempted one. Based on cherry-picked comments from a number of Lakin supporters it appears that all of this is merely the military judge saving the President “embarrassment.” They are grasping at a straw as a way to explain a complete…

NMCCA has released a number of decisions. Several have providency issues and issues not raised by appellate counsel. United States v. Messias. The court set-aside a finding of guilty to because of an inadequate providence inquiry. No sentence relief granted. While the providence inquiry establishes facts sufficient to demonstrate that the appellant drove on base…

I have just returned from watching most of the Article 39(a), UCMJ, hearing. (I left as the last item on the table was a defense request for Alan Keyes and LtGen McInerney.) To say that the military judge destroyed the defense arguments in detail would not be an overstatement. Although the military judge did politely…

TheAtlanticWire reports: Mother Jones’ Adam Weinstein reports that soldiers at Virginia’s Fort Eustis were recently punished for refusing to attend one of the many Christian evangelical events sponsored by the commanding base general and “self-professed ‘reborn’ officer, Maj. General James E. Chambers.” The incident and subsequent investigation have revealed a Fort Eustis culture where Christian…

Here is a link to the Executive Order signed 31 August 2010 with amendments to the Manual for Courts-Martial.

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…