Court-Martial Trial Practice

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…

Military.com reports: Fort Hood massacre suspect Maj. Nidal Malik Hasan sought to have some of his patients prosecuted for war crimes based on statements they made during psychiatric sessions with him, a captain who served on the base said Monday. (emphasis added) Other psychiatrists complained to superiors that Hasan’s actions violated doctor-patient confidentiality, Capt. Shannon…

I commented yesterday that the decision by the Homeland Security Committee could be a potential boon to defense discovery in Major Hasan’s court-martial at Fort Hood. Homeland Security committee begins collecting discovery for the Major Hasan defense team. It’s not clear yet, but it looks like the Army and Department of Defense might also be…

Army Times reports: Sen. Susan Collins of Maine says the Senate Homeland Security Committee will open an investigation into the murders at Fort Hood with a public hearing this week. Major Hasan is facing 13 specifications of premeditated murder and likely any number of other lesser charges at court-martial. Typically the prosecution will play its…

I commented a while ago about the Navy bottom-blow to remove the lowest quality performers to meet numbers. Stars & Stripes reports the AF needs to reduce, but it’s not clear how the reduction will be accomplished.