Court-Martial Trial Practice

Military, drugs, and sports – lots of tolerance
Philip D. Cave

I have often wondered about how sports players get breaks regular people don’t. This applies within the military just as much as in the civilian community. Hypocrisy rains in the name of sports. A Naval Academy football player is being permitted to continue as a midshipman even after testing positive for drug use, according to…

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Collateral consequences – sex offenders
Philip D. Cave

Haven’t posted on this for a while. There’s a lot going on out there in terms of state and federal litigation. A significant issue relates to the types of restrictions on a sex offender. So, what are the limits on computer and technology use for those convicted of sex offenses? Although rules may vary, many…

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Major Hasan – R.C.M. 706 update
Philip D. Cave

Army officials agreed to delay a mental evaluation for the man suspected of going on a shooting spree at Fort Hood until after a military court hearing that will determine if he will stand trial, his attorney said Wednesday. Houston Chronicle.com reports. Lamb denied a request for civilian mental health experts to be on the…

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Major Hasan follow-up
Philip D. Cave

You’ll remember some time ago now that a suspect was arrested trying to visit Major Hasan while in hospital. A Texas man accused of saying he legally represented alleged Fort Hood shooter Nidal Malik Hasan is bipolar and was off his medication, his lawyer said. Senan Kahtan Abrahem of San Antonio was released Monday on…

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Major Hasan update
Philip D. Cave

An attorney for the Army psychiatrist accused of going on a shooting rampage at Fort Hood said Monday he wants his client’s mental evaluation delayed, citing a potential conflict of interest with the exam panel. Army officials previously appointed a three-member board of military mental health professionals to determine whether Maj. Nidal Hasan is competent…

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Up periscope
Philip D. Cave

I’m traveling to the USDB (and get to come home), so here are some hits. I follow fourthamendment.com blog every day. Here is part of his reference to Huntzinger, and CAAF’s pending oral argument. Don’t expect a decision in a while. I’ve always been intrigued by the quality of opinions from the CAAF, so I’m…

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Briscoe-Melendez-Diaz-Crawford
Philip D. Cave

Well, that may be anti-climatic? I think the Supremes punted. Here’s a link to the Briscoe memorandum opinion, more later. PER CURIAM. We vacate the judgment of the Supreme Court of Vir-ginia and remand the case for further proceedings not inconsistent with the opinion in Melendez-Diaz v. Massa-chusetts, 557 U. S. ___ (2009).

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Up periscope – Weekend Edition 320110
Philip D. Cave

Fort Lewis case of the soldier accused of causing the death of his 16 year old girlfriend with a drug overdose. A 20-year-old Fort Lewis soldier has been found guilty of involuntary manslaughter in the overdose death of his 16-year-old girlfriend in his barracks. A military judge ruled Friday that Pvt. Timothy Bennitt was guilty…

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Up periscope
Philip D. Cave

Here’s a catch-up on some recent news items. CAAF, ACCA, and CGCCA have issued some published opinions. Thanks CAAFLog for the following items on cases. United States v. Franklin, __ M.J. ___, No. ARMY 20090035 (A. Ct. Crim. App. Jan. 20, 2010) (per curiam). The opinion is available here. On 28 December, Master Sergeant Timothy…

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Stolen Valor – an interesting twist – It’s protected speech
Philip D. Cave

A challenge to the Stolen Valor Act is being made based on the First Amendment. Rick Strandlof may have lied about being a decorated Iraq War veteran, but those lies are protected by the First Amendment, according to his attorney and a civil liberties organization. Would you trust this man in a foxhole? Strandlof, 32,…

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