Court-Martial Trial Practice

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…

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).

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…

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…

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,…

Army authorities are now claiming that Galesburg soldier Spc. Billy Miller had [AP] on his computer as well as alleged [CP] . Miller’s tour in Afghanistan has been involuntarily extended by the army while it investigates charges of possession of [CP] and failing to obey a general order. . . . But now military officials…

Does it exist or not. Here are a couple of news articles about a pending case in Fairfax, VA. Shaken baby syndrome itself is put on trial in Fairfax court Shaken-baby syndrome at center of Fairfax trial

Three interesting grants from CAAF in the last few days. No. 07-0401/NA. U.S. v. Russell B. MULLINS. CCA 200200988. Review granted on the following issues: WHETHER THE LOWER COURT IN HOLDING THAT THERE WAS NOTHING IMPERMISSIBLE IN THE MILITARY JUDGE ALLOWING THE GOVERNMENT TO INTRODUCE LIE DETECTOR TESTIMONY IN VIOLATION OF MILITARY RULE OF EVIDENCE…

Here is a case from federalevidence.com: Supervisor expert testified about his role in the peer review process; passing reference to the testing chemist’s conclusion did not violate the Confrontation Clause; circuit also distinguishes Melendez-Diaz v. Massachusetts, 557 U.S. __, 129 S.Ct. 2527 (2009), in United States v. Turner,” _ F.3d _ (7th Cir. Jan. 12,…

Here is a little more information about the NG soldier held in Afghanistan pending court-martial for alleged CP sent to him by his mother. The family of an Illinois National Guard soldier believes he was wrongly accused of possessing child pornography by a friend he had recently argued with. Rodney and Terri Miller told the…