1 June 2010: the Article 32, UCMJ, hearing ICO MAJ Nidal Malik Hasan is set to begin at Fort Hood. MAJ Hasan is in pretrial confinement therefore the Article 10, UCMJ, speedy trial clock applies. On 26 May 2010, Mr. Galligan, MAJ Hasan’s civilian counsel posted this on his blog. Today is the deadline, imposed…
Continue reading ›Garcia v. Commandant, USDB, No. 10-3027 (10th Cir. May 27, 2010). Fernando Garcia was convicted after a guilty plea before a general court martial. He then sought habeas relief in federal district court pursuant to 28 U.S.C. § 2241, arguing that the military appellate courts failed to afford him adequate review of his Fourth Amendment…
Continue reading ›In United States v. Rodriguez, 67 M.J. 156 (C.A.A.F. 2009), cert. denied, 130 S. Ct. 459 (2009) the court changed years of practice when it came to late filings of petitions for review with CAAF. In Rodriguez the court held that: In light of Bowles v. Russell, 127 S. Ct. 2360 (2007), we conclude that…
Continue reading ›Courtesy of CAAFLog here is a link to a proposed amendment to Article 27, UCMJ. If passed the bill will have retroactive effect. SECTION 1. REIMBURSEMENT OF ATTORNEY FEES OF A MEMBER OF THE ARMED FORCES WHO RETAINS PRIVATE COUNSEL AND HAS CHARGES BROUGHT UNDER THE UNIFORM CODE OF MILITARY JUSTICE DISMISSED OR WITHDRAWN OR…
Continue reading ›The Post & Courier reports that: An active-duty Air Force airman accused in the death of a local American living in Germany has been acquitted in the case. Chris Matyszyk, 36, died Jan. 12, nearly two weeks after suffering a fatal punch to the face outside a pub in the German town of Landstuhl, near…
Continue reading ›recordonline.com reports that: United States Military Academy cadet has been convicted of rape in military court. The judge in the court-martial has found Cadet Kyle C. Newman guilty on one charge of rape and one count of indecent conduct. Newman was facing court-martial on two counts of rape and one count of indecent conduct. He…
Continue reading ›Andy Martin, Executive Director, Contrarian Commentary, posits that President Obama is not legally president, therefore LTC Lakin has a legitimate challenge to his orders. Mr. Martin first tells us that: I am completely independent and impartial in so far as the Lakin matter is concerned. So far as I am aware I have not had…
Continue reading ›Military.com reports that: A Navy doctor pleaded guilty to two counts of wrongful sexual contact and two counts of conduct unbecoming an officer, in exchange for dropping 29 other counts of criminal allegations at a Yokosuka Naval Base court-martial Wednesday. Grant Okubo/Stars & Stripes Under the terms of a pretrial plea agreement, Lt. Cmdr. Anthony…
Continue reading ›Have a few spare minutes: 1. Disentangling Child Pornography from Child Sex Abuse Carissa Byrne Hessick , Arizona State, Sandra Day O’Connor College of Law, Washington University Law Review, Vol. 88, 2010 Abstract: Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to…
Continue reading ›Here’s an interesting grant and remand from CAAF. No. 10-0265/AF. U.S. v. Douglas E. LONG. CCA 37044 (2009 CCA LEXIS 477). WHETHER APPELLANT WAS DENIED DUE PROCESS BECAUSE ASSURANCES OF AIR FORCE OFFICIALS PROVIDED HIM WITH DE FACTO IMMUNITY FROM PROSECUTION. The decision of the United States Air Force Court of Criminal Appeals is set…
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