Court-Martial Trial Practice

1Lt Behenna update
Philip D. Cave

Robert Don Gifford has provided an update on the Behenna case. The entire Oklahoma congressional delegation signed a letter for clemency on his behalf. Recent radiocast from Tulsa radio morning program by host Pat Campbell The Director of the Northeast Intelligence Network, Douglas J. Hagmann, writes, ” The analysis of the forensic evidence alone should…

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Fort Hood shootings.
Philip D. Cave

Stars & Stripes on FORT HOOD, Texas — A soldier believed to be a trauma psychiatrist opened fire at a U.S. Army base in Fort Hood, Texas on Thursday, unleashing a stream of gunfire that left 12 people dead and 31 wounded. Authorities killed the gunman, and apprehended two other soldiers suspected in what appears…

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Bridging the gap on CAAF
Philip D. Cave

The Leaf Chronicle reports: Military training takes many forms, and it doesn’t always involve guns and explosives, occasionally the weapon of choice is law books and verbal assaults. The U.S. Court of Appeals for the Armed Forces on Wednesday heard the case of an Air Force staff sergeant at Fort Campbell, giving new military lawyers…

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Reporters privilege “shield” rule
Philip D. Cave

Federal Evidence blog has a nice update on S.448 which is the Senate version of H.R. 985. Basically, although termed the “Free Flow of Information Act,” it is the reporters privilege rule that has been circulating for some time now. Actual status? According to the bloggers: Whether the Senate Judiciary Committee adopts the revision to…

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LimeWire expertise
Philip D. Cave

FederalEvidence blog has a good post on United States v. Caldwell, __ F. 3d ___ (5th Cir. October 26, 2009). For those of us doing a lot of CP cases – LimeWire, one of several peer-to-peer file sharing programs, is increasingly found to be the method by which CP is received or transmitted. Typically the…

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More to Victor Grossman
Philip D. Cave

I posted earlier about Victor Grossman and his AWOL from the Army and defection. Here is a link to a book review of his autobiography, Victor Grossman (Stephen Wechsler), Crossing the River: A Memoir of the American Left, the Cold War, and Life in East Germany(Amherst and Boston: University of Massachusetts Press, 2003). And NPR’s…

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CGCCA issues two decisions
Philip D. Cave

United States v. Garcia. This case deals with the ongoing perplexing issue in Coast Guard (and Air Force) cases where recorded Article 32’s are not done and where the defense is prohibited from making their own recording. A secondary issue was a removal of defense counsel without the client’s consent. CGCCA found no constitutional violation…

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