Court-Martial Trial Practice

Here is a CNN piece on United States v. Smith. Dog handler appeals conviction in Abu Ghraib case. He’s already served the time, but lawyers Thursday argued to clear his name as onetime U.S. Army Sgt. Michael Smith appeals a conviction for the torture of detainees once held at the Abu Ghraib prison in Iraq.…

CAAFLog has pointed to the following article: Appellate review of military commissions, Thursday, October 08, 2009, Eugene R. Fidell, on Balkinization. As Mr. Fidell points out, a “terrorist” tried and convicted at Guantanamo in a military commission has more appellate rights than the service-members who may have captured them and the service-members who are guarding…

For those who like to drill down into the why’s, here is a link to the (660 page) Conference Report on the National Defense Authorization Act for FY 2010, with the Joint Explanatory Statement of the Committee of the Conference. For example here is one item, at page 83 (or 134 if viewing .pdf in…

Here is how the blog Suits & Sentences reports United States v. McPherson. Army deserter lands honorable discharge, somehow An odd case recently resolved by the U.S. Army Court of Criminal Appeals shows how a soldier convicted of desertion can still take home an honorable discharge. It’s all a matter of timing and regulatory ambiguity.…

Eyewitness 9 News article by Amy Kibler, October 6, 2009 A Camp Lejeune Marine’s court-martial proceedings begin tomorrow. Public Affairs says Gunnery Sergeant William Augurson, Jr. faces child endangerment and drunken disorderly conduct charges. The Marine Corps is not elaborating on the circumstances surrounding these charges. II MEF Officials say on Wednesday the Court will…

Thanks to CAAFLog, here is a link to the above report. Here are the most pertinent sections affecting military justice trial practitioners. SEC. 512. MEDICAL EXAMINATION REQUIRED BEFORE ADMINISTRATIVE SEPARATION OF MEMBERS DIAGNOSED WITH OR REASONABLY ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. 1. Prior to administrative discharge a medical examination is required. [A]…

Argument Recap: Maryland v. Shatzer | courtesy SCOTUSblog. I had posted the link to the argument transcript, but here is a good summary for those without time to read the full transcript.

That’s my prediction when the first CAAF opinion will be issued.

That’s the headline of an article on WTOC.com, Tuesday, October 6, 2009 6:37 PM EST FT. STEWART, GA (WTOC) – The court martial date for Third Infantry Division Sgt. Joseph Bozicevich is being pushed back. Bozicevich is charged with murdering two other soldiers back in 2008 while all three were deployed in Iraq. See Third…

So reads the article by CARY ASHBY – Norwalk Reflector Staff Writer | Tuesday October 06 2009, 3:55pm PLYMOUTH – The four soldiers accused of harassing U.S. Army Pvt. Keiffer P. Wilhelm before he committed suicide Aug. 4 will be court-martialed.