Court-Martial Trial Practice

Washington Post reports that: A military jury has sentenced a soldier to die for killing a North Carolina mother and her two children in 1985.

NMCCA has decided United States v. Oglesby. The issue was prosecution sentencing evidence of other acts toward the victim which had not been charged. Appellant alleged that the military judge failed to conduct a proper 1001 and Mil. R. Evid. 403 balancing test. NMCCA disagreed. NMCCA found that the military judge properly evaluated the evidence…

FayObserver notes the issue yesterday where the members wanted answers about parole should he be sentenced to life. I found this piece odd. The jury left the courthouse at Fort Bragg about 5:30 p.m. Wednesday evening without a decision on a sentence for Hennis: life in prison or the death penalty. A death sentence requires…

There are good reasons that the military should be apolitical in public, and as political as it wants in the voting booth. Politics Daily reports: The Army will court martial a lieutenant colonel who refuses to deploy to Afghanistan because he won’t accept orders from President Obama, whom he considers unqualified to be commander in…

Military.com reports that: They are sold under catchy names like Sage of the Seers, Magic Mint and Thang, designer drugs that can be legally sold at shops and online in most cases. But due to their increasing use by Sailors and the effects they cause, these designer drugs have been added to the U.S. Navy’s…

GiveUsLiberty blog has this piece. Hopefully Mr. Apuzzo has a similar depth of knowledge about the UCMJ, R.C.M., and Military Rules of Evidence, to his knowledge of constitutional law. Or will he dump that on learned military counsel, that’s another part of Article 38, UCMJ. This comment evidences a lack of understanding of chain of…

CAAFLog has pointed to this CentralTexasNow.com report. Bell County Jail, it’s where the man charged with the Fort Hood massacre, Nidal Hasan, is now being held. Inside the jail infirmary, under 24 hour surveillance, and his lawyer doesn’t like it. “He is, in short, being punished. In violation I believe of article 13 of the…

Remember that Hennis’s crimes occured before the change which permitted LWOP. So, Army Times reports: Court recessed at 5:40 p.m. after the jury deliberated for more than two hours and also waited for the answer to three questions, including whether Master Sgt. Timothy Hennis would be eligible for parole if given a life sentence. Judge…

CAAF has decided United States v. Bagstad. Judge Stuckey wrote for himself, Effron and Ryan, with Baker writing a dissent for himself and Erdmann. We granted review to determine whether the military judge abused his discretion in denying Appellant’s challenge for cause against Captain (Capt) Stojka, who sat with his subordinate on a court-martial panel…

MSNBC is reporting that the Army does intend a court-martial for LTC Lakin. How interesting, and perhaps appropriate, American Thinker reports: Army doctor Lt. Col. Terrence Lakin yesterday met with his brigade commander, Col. Gordon R. Roberts, who proceeded to read LTC Lakin his Miranda rights, and who informed LTC Lakin he had the “right…