Court-Martial Trial Practice

Another abuse of power case?
Philip D. Cave

Military.com reports: Last summer, more than a year after completing a seemingly successful tour as commanding officer of the amphibious assault ship Wasp, Capt. Michael Hawley was removed from his post as the head of a Norfolk-based training group. . . . But a report from the Naval Inspector General’s office outlines six personal or…

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New CAAF opinion dealing with search authorizations in CP cases
Philip D. Cave

United States v. Clayton. Another special exception, in of course, a CP case. The dissent says it all. RYAN, J., with whom ERDMANN, J., joins (dissenting): I cannot agree with the continued dilution of the requirement that there be an actual, as opposed to an intuitive or a hypothetical, nexus between the evidence sought and…

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New ACCA opinion
Philip D. Cave

ACCA has issued an opinion in United States v. Watson, another administrative discharge issued pending appeal, this time an officer. A military judge sitting as a general court-martial convicted appellant, pursuant to her pleas, of larceny of government property and fraud against the United States (two specifications), in violation of Articles 121 and 132, Uniform…

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Coastie O-6 headed to trial
Philip D. Cave

Navy Times reports that: A former sector commander in Alaska is facing a general court-marital for charges of adultery, fraternization and other sexual improprieties. Capt. Herbert “Mark” Hamilton III has been charged with 30 counts, including: failing to follow orders; lying to investigators; committing adultery with enlisted personnel; sending and receiving “sexual and amorous text…

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Hennis update
Philip D. Cave

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…

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Up periscope
Philip D. Cave

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…

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Up periscope-1×0310
Philip D. Cave

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…

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