Court-Martial Trial Practice

Ramrod Five update 4
Philip D. Cave

Military.com reports: Last December, Army Staff Sgt. Calvin Gibbs began joking with other Soldiers about how easy it would be to “toss a grenade” at Afghan civilians and kill them, according to statements made by fellow platoon members to military investigators. . . . The Seattle Times has reviewed court documents — filed by a…

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Up periscope
Philip D. Cave

Huffington Post is reporting on the Toussaint case. A senior chief who was censured by the Secretary of the Navy for hazing sailors under his command may retire with a full pension, Navy officials say. Since it was announced last October, the terms of Michael Toussaint’s retirement have come under scrutiny that is unprecedented for…

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Sounds familiar
Philip D. Cave

Military courts martial do not sacrifice fairness Re: Military justice system was not fair to Semrau, THE OTTAWA CITIZEN AUGUST 9, 2010 Aug. 4. I wish to clarify some misconceptions about the roles and responsibilities of the key actors at a court martial and illustrate that courts martial are indeed rigorously fair.

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Davila case all but over
Philip D. Cave

KOMONews.com reports that: The Army specialist who admits she murdered a Pierce County couple then kidnapped their baby two years ago will spend the rest of her life behind bars without the possibility of parole. In the conclusion to the court martial of Specialist Ivette Davila, military judge Colonel Stephen R. Henley also reduced Davila’s…

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Up periscope
Philip D. Cave

Military.com reports that: A Davis-Monthan airman is on trial in military court this week over allegations that he ran a fraudulent Russian bride ring, arranging sham marriages for money with members of the military so the foreign women could obtain legal status in the U.S. The Record-Courier reports on the Davila case: Family members of…

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Light reading 2
Philip D. Cave

Avoiding the Extremes: A Proposal for Modifying Court Member Selection in the Military Victor Hansen New England Law | Boston August 18, 2010 Abstract: This article address the method used in the military court-martial system to select jurors (referred to as panel members). Under military law, the panel members who sit in judgment of a…

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Light reading
Philip D. Cave

The Laws of War as a Constitutional Limit on Military Jurisdiction Stephen I. Vladeck American University – Washington College of Law Journal of National Security & Policy, Forthcoming American University Washington College of Law Research Paper No. 2010-27 Abstract: Nine years, one Supreme Court decision, two statutes, and a veritable mountain of popular and academic…

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Davila update
Philip D. Cave

KOMO News reports that: An Army Specialist accused of killing two fellow soldiers and taking their baby has changed her plea to guilty. Spc. Ivette Davila entered guilty pleas to two counts of premeditated murder and one count of kidnapping during a military court hearing Monday morning. It was not immediately clear whether the change…

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Mr. Nathan Freeburg fought and won a war for me. A war where my life was on the line. The week of trial was extremely long but he never seemed like he was tired. The prosecution were getting whittled down each...

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