Court-Martial Trial Practice

Supervised release
Philip D. Cave

Sentencing Law & Policy (an excellent site) has this post which may be of some interest to those dealing with post-confinement issues. The Third Circuit has today issued an interesting opinion concerning supervised release conditions for a repeat sex offender. The ruling in US v. Heckman, No. 08-3844 (3d Cir. Jan. 11, 2010) (available here),…

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SEAL case: trial venue changed to Iraq [correction]
Philip D. Cave

A military judge has decided to move the trial for one of three Navy SEALs accused in connection with the alleged assault of a suspected terrorist to Iraq. Cmdr. Tierney Carlos, the trial judge for the court-martial of Special Warfare Operator 2nd Class (SEAL) Jonathan Elliot Keefe, has agreed with defense motions to move the…

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Fragging and rapping
Philip D. Cave

Here is an interesting piece relevant to a pending court-martial? Tim King, The Fragging of American Officers: Historic Problems and Future Planning, Salem-News.com. What we call fragging the British Navy called “Shot Rolling” after the practice of rolling a cannon ball across the deck for the purpose of injuring an officer. The methods may vary…

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Impeachment by prior conviction
Philip D. Cave

Every so often the comes up of impeachment by prior conviction under Mil. R. Evid. 609. The reminder is that: The fact of a pending appeal does not defeat admission, but it may be brought up and discussed. Mil. R. Evid. 609(e). A summary court-martial may not be used to impeach under this rule. There…

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Major Hasan update
Philip D. Cave

The Killeen Daily Herald reports that LTG Cone recently gave a briefing about “behavioral health care.” The Army is behind Fort Hood’s effort to address behavioral health care issues and plans to institute it across the board, the post’s commander said Friday. In response to incidents like the Nov. 5 shooting and an Army-wide increase…

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Senior Guardsman to be court-martialed for malfeasance in office?
Philip D. Cave

A top official in the Massachusetts National Guard faces possible removal by court-martial after state and federal investigations uncovered a range of alleged improprieties, including misusing federal money, hiring a convicted felon to do legal work, and threatening a whistleblower. Yesterday, Murray received a hand-delivered letter accusing him of “waste, fraud, and abuse’’ and ordering…

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