Court-Martial Trial Practice

Death penalty case update
Philip D. Cave

Press Republican reports that: Cannon fire will permeate the air over the PARC museum campus this weekend as forces from the Union and Confederate armies collide on the open fields. The Clinton County Historical Association will host the third-annual Plattsburgh Civil War Encampment, with two battles between the Blue and Gray scheduled for today and…

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Up periscope
Philip D. Cave

Pilot Online reports that: For years, the top officer in the Virginia National Guard has had a paid position with a business run by one of his subordinate officers. Newman promoted Bonanni to the assistant adjutant general’s post in 2008 while collecting a paycheck from his company. Air Force Times reports: A two-star general who…

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Sex offender registration (updated)
Philip D. Cave

There’s been lots of litigation about SORNA. But now, courtesy of Sentencing Law & Policy we learn that DOJ has some recommendations for amending SORNA. You will be interested to know that this morning the U.S. Department of Justice issued proposed supplemental guidelines modifying several requirements for compliance with SORNA. Many address concerns raised by…

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LTC Lakin’s contumacy
Philip D. Cave

safeguardourconstitution reports that: “Obama Administration unleashes Army lawyers instead of releasing birth certificate.” This is shameful hyperbole and utterly incorrect. LTC Lakin is alleged to have committed offenses in violation of the UCMJ. The conduct alleged cuts to the very heart of military requirements of obedience to orders, fidelity to the oath of office, and…

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Up periscope
Philip D. Cave

Army Times reports that: An Army captain from Colorado charged with killing two Iraqi civilians has been convicted of lesser charges in Iraq. Military officials say Capt. Carl Bjork was found guilty of reckless endangerment and negligent homicide in a general court-martial on Tuesday. He was reprimanded and will lose a third of his salary…

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Hasan update 9
Philip D. Cave

KVUE.com reports that: The attorney representing the accused gunman in the 2009 Fort Hood shootings says the Army is holding back important evidence in the upcoming Article 32 hearing. Attorney John Galligan says he needs court documents, including Major Nidal Hasan’s FBI files, to gain more insight into his mental state in the months leading…

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Waiving appellate review
Philip D. Cave

There has been quite a bit of discussion recently of waiving appellate review as part of a pretrial agreement. Here is a timely article from the ABA about this important topic (thanks to Sentencing Law & Policy for the link). Ellis & Bussert, Stemming the Tide of Postconviction Waivers, 25 (1) Crim. Justice, Spring 2010,…

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Collateral consequences – Sex Offender Registration
Philip D. Cave

The advice to an accused about sexual offender registration is complicated. Cases such as Williams v. Lee and Keathley, No. ED 93827, from the Court of Appeals of Missouri, Eastern District, Division Five, decided May 4, 2010. This is a retroactivity case. On February 5, 2000, Williams pled guilty in a military tribunal to one…

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