Court-Martial Trial Practice

Marine Corps Times reports: Moved by a huge tide of troops returning from Iraq and Afghanistan with post-traumatic stress, Congress has pressured the Department of Veterans Affairs to settle their disability claims — quickly, humanely and mostly in the vets’ favor. This 1969 photo shows Keith Roberts in Navy uniform. Starting in 1987, Roberts filed…

KXXV.com reports: A Fort Hood soldier accused of possession of child pornography has been sentenced. A General Court-Martial found Sgt. Donald Keith Whitten guilty of wrongful possession of child pornography earlier this week. Whitten has been sentenced to 16 months of confinement and reduction to Private E1. Just five days before Ekaterine Bautista planned to…

On habeas review of state court convictions, the detective’s trial testimony about the statements of two non-testifying co-actors which implicated the defendant in the shooting and which were used to confront the defendant during his interview violated the Confrontation Clause and constituted plain error, in Ray v. Boatwright, _ F.3d _ (No. 08-2825).

I posted yesterday a couple of items where Mr. Galligan indicates he’s been given notice that the prosecution intends seeking the death penalty in the Hasan case. He’s wrong, but not wrong. It’s a question of terminology and reality. Here is a quick note from KWTX.com: FORT HOOD (April 30, 2010)–Fort Hood authorities said Friday…

Here are some links to reports that the prosecution will seek to provide death penalty related information to the Article 32, UCMJ, IO. AP: Stars & Stripes: Army prosecutors have sent a notice that they plan to seek the death penalty against Maj. Nidal Malik Hasan, accused of the Fort Hood shootings, according to Hasan’s…

http://goo.gl/NOZB

United States v. Holmes. On direct appeal the NMCCA set aside the original findings of guilty to negligent homicide and the sentence. A rehearing on sentence was authorized for the remaining guilty finding of false official statement. The CA found a rehearing was impractical and approved a punishment of “no punishment.”

An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports: A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in…

Main Justice reports: A high-profile appeal of an Army First Lieutenant convicted last year of killing an unarmed detainee in Iraq could turn in part on whether military prosecutors withheld exculpatory evidence. [The] case underscores how the government is being forced to explain, in the military courts as well as the civilian justice system, its…

Should you want to follow the case – from a defense perspective – here are the three most common websites to follow. WorldNetDaily. This piece about commentary from MG Paul Vallely, USA, appears to be the latest piece: “Retired Army general: LtCol Lakin has a ‘valid point.’ The filing of charges may, however, be part…