Court-Martial Trial Practice

Fay Observer reports that: U.S. District Judge Terrence Boyle on Wednesday dismissed an effort by Army Master Sgt. Timothy Bailey Hennis to stop his court-martial for a 1985 triple homicide near Fort Bragg. A jury has been seated in the court-martial. Opening statements and testimony are scheduled to begin today. It appears that the judge…

The FayObserver.com is reporting that a members panel has been selected and that trial on the merits will begin Wednesday, 17 March 2009.

FayObserver.com reports that the Hennis members selection is still ongoing, apparently they have 11. The Telegraph.co.uk reports the following: US Navy crew’s mutiny against the ‘Sea Witch’ captain who ‘ belittled’ them Standing on the bridge of her warship with the ocean before her and a crew of men awaiting her command, the future looked…

Here is a piece about guilty pleas in military death penalty cases from FDL. The New York Times is reporting that the Obama Administration is considering changing the law to permit prisoners at Gitmo to plead guilty to death penalty cases without need for a trial. This is apparently a reaction to the stated desires…

Kate Wiltrout in the Virginia Pilot reports that the military judge has directed five defense witnesses be given immunity or the proceedings will be abated. The case against a Navy SEAL accused of not protecting an alleged Iraqi terrorist took a major turn Friday when a military judge ordered that five key defense witnesses be…

Daily Caller reports that: Following a two-week absence, the Fort Hood attorney was back at it Friday despite a gag order, blogging on the perceived injustices suffered by his defense team in defending Major Nidal Hasan, the man charged in the shooting deaths of 13 people. As previously reported by The Daily Caller, John P.…

In this case we decide whether Joshua Williams, who pleaded guilty to carnal knowledge of a minor in violation of military law while serving in the Navy, is exempt from registration as a sex offender pursuant to Penal Code sections 290, subdivision (c) and 290.005 (undesignated statutory references are to the Penal Code), and therefore…

FayObserver reports that: A 12th juror was seated in the court-martial of Army Master Sgt. Timothy B. Hennis at Fort Bragg this morning, but the total was quickly knocked back to 10. Attorneys on both sides exercised their right to peremptorily challenge one juror each.

R.C.M. 701(b)(2) sets out the requirement for defense disclosure if there will be an innocent ingestion defense. Assuming the accused is the only witness who may testify to an innocent ingestion, must the defense disclose that under the rule. My answer is no. To force a disclosure prior to testimony violates the accused’s right to…

I came across this item reading some history on the current court-martial. DNA has gained a prominent place in the prosecution and defense of criminal cases. But this piece illustrates that the DNA may only be as good as the testing done and the people doing the testing. The Army began its prosecution in 2006…