Court-Martial Trial Practice

Major Hasan update
Philip D. Cave

The military will formally discipline at least six officers, most from Walter Reed Army Medical Center in Washington, for failing to take action against Fort Hood gunman Nidal Malik Hasan, according to people familiar with the matter. Officials said the move reflects the military’s belief that the Nov. 5 assault could have been prevented if…

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Crawford, Melendez-Diaz, Briscoe – and now Pendergrass v. Indiana
Philip D. Cave

Here is a link to the full cert petition in Pendergrass v. Indiana. The question presented is: Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the laboratory analysis described in the…

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Breaking news on Breaker Morant
Philip D. Cave

Remember those NJS days, and at other military justice seminars – scenes from Breaker Morant (the movie), and discussion. A PETITION for the pardon of Harry ”Breaker” Morant and Peter Handcock, Australian soldiers executed by the British for the murder of prisoners in the dying days of the Boer War, has been forwarded to the…

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Major Hasan update
Philip D. Cave

(No pun intended.) The Army said Monday it has appointed an investigating officer for an Article 32 hearing, which will determine if there is sufficient evidence to proceed with a court-martial for Maj. Nidal Malik Hasan, who’s charged with 13 counts of premeditated murder in the deadly shooting rampage on Nov. 5 at Fort Hood’s…

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Interview techniques
Philip D. Cave

The Reid Technique is one of the more known and familiar interrogation and interview techniques used by law enforcement. We mostly become familiar with interrogation methods because of court-martial pretrial motions practice to suppress coerced or false confessions. The value of various police interrogation techniques is not limited to police interrogations. A trial counsel or…

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Stolen Valor update
Philip D. Cave

Question, if he served at least three years in the Army, and he left active duty as a PFC, is it not likely that he was disciplined at some point and reduced in rank? With the aid of Maggies Farm (Stolen Honor as a Pick-up Line?), Moonbattery, (Captain Chinpubes below was spotted at a grand…

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Up periscope – WE 070210
Philip D. Cave

Not going too far, how about you? Meanwhile – – – A Robins Air Force Base master sergeant was dishonorably discharged and sentenced to 50 years in prison after he was found guilty of engaging in sexual contact with several minors, according to The Robins Rev-Up, the Robins Air Force Base installation newspaper. (Macon) Sun…

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Spice prohibited, alcohol still good to go
Philip D. Cave

A new order from Marine Corps Forces Command explicitly prohibits Marines from using a number of legal substances, including the herbal blend Spice, to achieve an altered state of consciousness or a druglike “high.” . . . The order, dated Jan. 27, bars Marines from using, possessing, attempting to possess, manufacturing or introducing onto military…

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