Court-Martial Trial Practice

Major Hasan’s mental health defense — or something else
Philip D. Cave

Will Major Hasan successfully use PTSD as a defense, or will it at least become a mitigating factor to be considered. If the trial is at Fort Hood, as seems likely at the moment, many of the Members (jury) panel will already have quite a bit of extra-judicial information. Here are some links relating to…

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Major Hasan’s religion a reason not to impose a death penalty?
Philip D. Cave

I’m not posting much at the moment on the Fort Hood tragedy. People can follow the news as easily as I can. However, this article by Will Heaven in the (U.K.) Daily Telegraph did raise an eyebrow. Fort Hood shooting: the death penalty would make Nidal Malik Hasan an Islamic martyr The implication of the…

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Major Hasan’s future lawyers
Philip D. Cave

Anyone who knows anything about death penalty cases knows that allegations of ineffective assistance of counsel (IAC) will figure significantly in an appeal. It’s given that no matter how hard they work they’ll be accused of incompetence. Today, the Supreme Court summarily reversed a Sixth Circuit case in which the circuit court found IAC. Here…

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Marine in pretrial confinement for murder
Philip D. Cave

JDNews of Jacksonville, NC, reports: Private Jonathan Law, 21, was placed in custody of authorities at the Camp Lejeune Brig Sunday, for the alleged homicide of Cpl. Joshua E. Hartzell, 22, according to a release from 2d Marine Logistics Group. Law was moved Saturday night from Pitt County Memorial Hospital, where he was treated for…

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Time for national service
Philip D. Cave

Huffington Post reports: Where Will They Get the Troops? Preparing Undeployables for the Afghan Front As the Obama administration debates whether to send tens of thousands of extra troops to Afghanistan, an already overstretched military is increasingly struggling to meet its deployment numbers. Surprisingly, one place it seems to be targeting is military personnel who…

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Motions practice
Philip D. Cave

Here are four very good tips from Evan Schaeffer of The Trial Practice Tips Weblog: “When the Judge Agrees With You, Stop Talking.” “Look at the Judge, Not Your Opposing Counsel” “Arguing a Motion Before a Trial Court: Begin at the Beginning” “Motion Hearings: Listening to the Judge”

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Guns galore for Major Nidal Hasan
Philip D. Cave

NY Daily News and FoxNews.com report: A 5.7-millimeter pistol used in the Fort Hood shooting was purchased legally by suspect Nidal Hasan at a Texas gun shop, law enforcement officials said Friday. Army Col. John Rossi, deputy commander at Fort Hood, confirmed at a news conference late Friday in Texas that the two weapons carried…

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