Court-Martial Trial Practice

No. 10-0337/AR. U.S. v. David ANTAR. CCA 20080836. Review granted on the following issue: WHETHER THE MILITARY JUDGE ERRED BY ACCEPTING APPELLANT’S PLEA OF GUILTY AND NOT REOPENING THE PROVIDENCE INQUIRY WITHOUT QUESTIONING BOTH APPELLANT AND HIS TRIAL DEFENSE COUNSEL REGARDING APPELLANT’S BIPOLAR DISORDER, HIS EXTENSIVE HISTORY OF PSYCHIATRIC DISORDERS, AND POSSIBLE MENTAL RESPONSIBILITY DEFENSE.…

Here is a link to the press release. The YouTube video isn’t operational yet. Courtesy of TPMMuckraker here is the WRAMC statement: LTC Lakin waived his Article 32 hearing on 4 June 2010. Once the Article 32 was waived, the charges were forwarded by Walter Reed commanding general with a recommendation as to disposition to…

Here is the daily journal entry for Navy TJAG certification of United States v. Hutchins. No. 10-5003/MC. U.S., Appellant v. Lawrence G. HUTCHINS, Appellee. CCA 200800393. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this…

The CGCCA has issued a per curiam opinion in United States v. Sapp., a SPCM tried at U.S.C.G. Training Center Yorktown. Before this court, Appellant has assigned two errors: (1) This court should consider the unreasonable and unexplained post-trial delay in determining the sentence that should be approved under Article 66(c); and (2) the promulgating…

Yesterday AFCCA issued an order in an Article 62, appeal, in United States v. Harris. There is a rather odd, perhaps bizarre, chronology. What next is the question? Appellant charged. Additional charges added. Appellant arraigned. Next day the MJ dismisses the additional charges on defense motion. Same day as the dismissal there is a signed…

Just the other day, alerted by SCOTUSBlog I posted Jones v. Williams as a case to watch at SCOTUS. The issue once again: Issue: Whether the Tenth Circuit violated 28 U.S.C. § 2254(d)(1) by granting habeas relief for ineffective assistance of counsel during plea bargain negotiations to a defendant who was later convicted and sentenced…

Air Force Times reports: A wing commander lost his job because he not only played favorites but hid unfavorable information from his bosses about a female lieutenant colonel, and recommended her for promotion, according to an Air Force investigation. Directly from Coast Guard Report blog: UNITED STATES v. Adam R. BEABER, Fireman (E-3), U.S. Coast…

SCOTUSBlog has the 3 June 2010 petitions to watch at SCOTUS. Here is an interesting one. Title: Jones v. Williams Docket: 09-948 Issue: Whether the Tenth Circuit violated 28 U.S.C. § 2254(d)(1) by granting habeas relief for ineffective assistance of counsel during plea bargain negotiations to a defendant who was later convicted and sentenced in…

Marine Corps Times reports that: A lieutenant expelled from The Basic School in May for cheating on a land navigation exercise is fighting back, saying his punishment was too harsh. Former 2nd Lt. Adam Ballard, a star fullback at the Naval Academy who now is pursuing a career in the National Football League, was administratively…

The Canadian Press reports that: Charles Graner was a manipulative sadist, Ivan Frederick sincerely penitent and Lynndie England an infatuated follower who got more notice than her role deserved, according to the authors of a new book on the Abu Ghraib prison abuse scandal. Christopher Graveline helped prosecute the defendants and investigator Michael Clemens assisted…