Court-Martial Trial Practice

Major Hasan developments
Philip D. Cave

Someone has made a valid request of Congress, and they have agreed: The House Armed Services Committee on Wednesday suspended its investigation of the Nov. 5 shootings at Fort Hood, Texas, until the Department of Defense had finished its investigation. DoD requested that Congress wait until its review had been complete before calling DoD witnesses…

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Inciting disobedience
Philip D. Cave

According to Pentagon figures, since October 2001, more than 50,000 soldiers from all branches of the military have gone AWOL. So reports Truth. In response to President Barack Obama’s announcement on December 1 to deploy 30,000 additional troops to the occupation of Afghanistan, the organization March Forward!, comprising both veterans and active-duty members of the…

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Navy Article 120 decision
Philip D. Cave

The Navy-Marine Corps Court of Criminal Appeals released today its en banc decision in United States v. Medina, No. 200900053, __ M.J. __ (N-M. Ct. Crim. App. Dec. 17, 2009). The main portion of the opinion focuses on Art. 120. The majority finds Art. 120 facially constitutional, citing United States v. Crotchett, __ M.J. ___,…

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Faith in police sponsored labs
Philip D. Cave

Before we place too much faith in police sponsored and monitored laboratories, here is a word of caution. The New York State Police’s supervision of a crime laboratory was so poor that it overlooked evidence of pervasively shoddy forensics work, allowing an analyst to go undetected for 15 years as he falsified test results and…

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Fourth Circuit
Philip D. Cave

North Carolina Judges James Wynn of Raleigh (JAGC, USNR) and Albert Diaz of Charlotte (former Marine JA), on their path to the 4th Circuit Court of Appeals, breezed through a brief confirmation hearing in the U.S. Senate on Wednesday, facing just a handful of questions from three senators. News Observer reports.

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Hasan update
Philip D. Cave

Rumor has it that there are now 12 trial counsel assigned to the prosecution of Major Nidal Malik Hasan, at least one of whom has military death penalty litigation experience. The defense remains at three with Mr. Galligan and two military defense counsel, none of whom have death penalty experience under the UCMJ. The Army…

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25% of Army pending prosecution-discharge for drug abuse
Philip D. Cave

The wrongful use of prescription medications is an offense under Article 112a, UCMJ. About one in four soldiers admit to abusing prescription drugs, most of them pain relievers, in a one-year period, according to a Pentagon health survey released Wednesday. The study, which surveyed more than 28,500 U.S. troops last year, showed that about 20…

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