Court-Martial Trial Practice

The most recent edition of the Air Force Law Review includes seven articles with in-depth analysis of legal issues in the complex cyber domain. Volume 64, the Cyberlaw Edition, is now available for free at http://www.afjag.af.mil/library/ — just click on the “AF Law Review vol. 64 – Cyberlaw Edition” hyperlink. Hard copies can be obtained…

I just commented on two incidents involving suspicious actions by soldiers; one at Fort Campbell and one near Fort Leonard Wood. Army Times now reports: A box of hollow-point bullets and an anonymous note threatening an incident like the one at Fort Hood, Texas, were discovered Thursday at Fort Benning, Ga., sparking a criminal investigation…

Army Times reports that Major Hasan has had or is about to have a pretrial confinement hearing at Fort Hood. A hearing is required within certain time periods under R.C.M. 305. R.C.M. 305 is a regulation in the manual for courts-martial that implements due process for someone detained for a crime. The military does not…

As CAAFLog has pointed out, it appears that Major Hasan will be tried by media. Someone at the National Capital Consortium, Psychiatry Residency Program, Walter Reed Army Medical Center has released a letter to the Credentials Committee. No word on the WRAMC AR 15-6 into this unauthorized disclosure. One of the common “defenses” raised at…

FindlawBlotter has this piece: Obama, the Death Penalty and Military Executions

Military.com reports: Arizona sheriff’s deputies busted three men identifying themselves as Army Soldiers with almost 700 pounds of marijuana and $10,000 in cash during a two-day sweep for human smugglers.

Stars & Stripes reports: Under the Enlisted Involuntary Early Separation Program, soldiers who have fewer than 180 days left on their enlistment will be given a choice when their units deploy: They will be offered incentives to complete the deployment or be involuntarily separated up to 90 days prior to the end of their enlistment,…

North County Times reports: Four members of a Camp Pendleton squad convicted of taking part in the kidnapping and murder of an Iraqi civilian in 2006 have been ordered by the Secretary of the Navy to be removed from the military. Secretary Ray Mabus also directed the Marine Corps to demonstrate why a lieutenant who…

DallasNews.com reports: Fontana’s attorneys argued Tuesday that the patients were gravely ill and their life-expectancy was impossible to predict. They also blamed vague doctors’ orders, poor hospital protocol and sloppy record-keeping in the intensive care unit for the deaths. I think what they mean is that in the court-martial opening statement the defense said .…

NMCCA has issued six new decisions, of which four are merits. United States v. Maharrey, post-trial delay case. United States v. Thornton. Appellant raises ineffective assistance of counsel (IAC) and sufficiency of the evidence. The findings and sentence are set-aside based on the IAC. The IAC relates to several issues: failure to properly advise on…