Court-Martial Trial Practice

U.S. President Barack Obama Saturday urged members of Congress not to turn the investigation into the Fort Hood massacre into “political theater.” Reports Military.com. This is a step in the right direction. Ratchet down the political rhetoric, allow the investigators to get their work done, and allow the prosecution and defense to focus on their…

How far should members of congress or the President, or anyone, get involved in how to prosecute Major Hasan for his acts at Fort Hood. Certainly the victims are entitled to be involved and are required to be through the Department of Defense Victim-Witness Assistance Program. The program does not give politicians or government officials…

I have previously noted the First Circuit’s criticism of prosecutors calling police to set the “context” of an investigation. The view being that’s it’s an attempt to have the police testify to a whole lot of inadmissible evidence and hearsay, and prejudice the members. The same issue should be avoided and objected to in a…

A question arises for Major Hasan and the court-martial about venue or situs or trial at Fort Hood or somewhere else. Here is the general rule from R.C.M. 906(b)(11), for a change of venue of a court-martial: United States v. Curtis was at one time a death penalty case, but not anymore as a result…

The Christian Science Monitor reports and makes this observation: But emerging evidence that Hasan may have terrorist connections could alter the prosecutorial strategy, as his story would hold invaluable information for investigators. One way to get that information would be to offer Hasan a deal – such as revoking the death penalty if he’ll fill…

It seems CAAF may be about to change the rule on how Grostefon submissions are made at CAAF. Grostefon Draft Rule. Grostefon Memo.

A number of groups are unhappy that Major Hasan has not been charged under Article 119a, UCMJ, yet for his killing of a pregnant mother and her fetus at Fort Hood. (See e.g. Pro-Life Group Asks Military to Charge Hasan) So far his court-martial charges are all the 118’s. One of the other issues that’s…

WOAI.com reports: A former military nurse will be court-martialed for allegedly killing three terminally ill patients at the Air Force’s largest hospital. Capt. Michael Fontana is set to enter a plea in September at Lackland Air Force Base, near San Antonio. The military announced Tuesday that a trial date will also be set. Charges have…

So which CID agents are violating Article 92, UCMJ? And if they are lawyers on the government side, which lawyers are violating Article 92, UCMJ, and ethics rules for lawyers in the Army regarding pretrial publicity? officials told The Associated Press on condition of anonymity because they were not authorized to speak about the case…

(Thanks to Volokh Conspiracy) we have Sanford v. United States, No. 08-5402 (D.C. Cir. 13 November 2009), in which the court held that a SPCM with less than six members is not unconstitutional. The court notes that: This court has recognized that the standard of review in non-custodial collateral attacks on court-martial proceedings is “tangled.”…