WRAL.com reports that members selection has begun in the Hennis court-martial. x reports that the military judge has declined to delay trial pending the outcome of Hennis’s District Court jurisdictional case. Navy Times reports: The skipper of Naval Air Station Pensacola, Fla., was temporarily relieved of command Friday for “inappropriate conduct,” Navy officials said. Capt.…
Continue reading ›The Temple Daily Telegraph reports that: Defense attorney John Galligan said Friday that accused Fort Hood shooter Maj. Nidal Hasan could be back in Bell County as early as Monday. Hasan was notified Thursday that the therapy he was receiving at Brooke Army Medical Center in San Antonio was officially finished. He has been under…
Continue reading ›CAAF has issued an opinion in United States v. Bradford, a government appeal of a pretrial ruling. The appeal was on a military judge declination to pre-admit a Lab Package in a urinalysis case. AFCCA had no trouble saying that a declination to pre-admit evidence is appealable. CAAF had no trouble correctly saying that AFCCA…
Continue reading ›Now online, the January 2010 Military Lawyer. This is a civil law issue.
Continue reading ›The Article 32, UCMJ, hearing has been rescheduled for 1 June 2010. KWTC.com reports.
Continue reading ›The court has decided Maryland v. Shatzer (background documents on SCOTUSWiki here ) and also Florida v. Powell (background documents on SCOTUSWiki here). Both cases relate to “Miranda” rights and confessions. In Powell, the issue was how much detail must go into a “Miranda” warning in order to be sufficient, in Shatzer the court addresses…
Continue reading ›United States v. Douglas. This is a UCI case. The military judge found UCI and then crafted a remedy. The issue on appeal related to the appropriateness of the remedy and whether or not the appellant had accepted the remedy and actively participated in the remedy. The AFCCA decision was reversed. If the record disclosed…
Continue reading ›Is a false marriage certificate to claim otherwise unauthorized allowances an official document? No, it would be the presentation of that document as showing an entitlement that is the false statement, not the marriage certificate itself. The court also found the appellant’s plea to a conspiracy to commit a false official statement as improvident. The…
Continue reading ›Pilot Online reports: Five sailors could offer testimony contradicting the government’s main witness in the controversial prosecution of three Navy SEALs accused of mistreating a suspected Iraqi terrorist. But whether they’ll take the stand is in question after the government denied their requests for immunity on Friday. As military justice practitioners well know, the issue…
Continue reading ›An Air Force colonel will be forced to retire as a first lieutenant, an Air Force review determined. Col. Michael D. Murphy, convicted in April 2009 by a general court-martial for failing to tell the Air Force he was disbarred as an attorney in 1984, will be retired from the Air Force effective April 1…
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