Court-Martial Trial Practice

A decorated U.S. Soldier, from the State of Texas, filed suit today in U.S. Federal Court in Washington DC against a British Contractor for injuries sustained during a reckless shooting incident in Iraq. Former U.S. Army Sergeant Kadim Alkanani is suing London-based Aegis Defence Services Limited, for an incident on June 3, 2005, in which…

Aquitted Camp Pendleton Marine waiting to “take back his own life“ This story is in the Valley News, by Paul Young. One year ago today, in a precedent-setting trial in Riverside, former U.S. Marine Sgt. Jose Luis Nazario was acquitted of charges he unlawfully killed enemy combatants in Iraq. Now, the ex-serviceman is waiting for…

L.A. Now: Marines will not seek to reinstate charges against top officer in Haditha killings August 28, 2009 | 1:11 pm The Marine Corps has decided not to seek to reinstate criminal charges against a former battalion commander at Camp Pendleton for a 2005 incident in which his troops killed 24 civilians in Haditha, Iraq.…

Pentagon: Reporter profiling under review By Kevin Baron, Stars and Stripes Mideast edition, Friday, August 28, 2009 —————————————– Military Prepares Profiles on Reporters Visiting War Zones By Ann Scott Tyson Washington Post Staff Writer, Friday, August 28, 2009

Detention policy questioned after soldier’s escape By Steve Mraz and Seth Robbins, Stars and Stripes Mideast edition, Friday, August 28, 2009 Army officials are investigating how a Special Forces soldier was able to simply disappear last week, a few hours after his conviction for the kidnapping and sexual assault of a German woman. Kelly A.…

Readers will remember that there is a great deal of talk and decision making about cases where an appellant has failed to file his or her petition for review with CAAF in a timely manner. Here is a link to CAAFLog for a history of the discussions. CAAF determined that the filing deadline is jurisdictional…

NMCAA’s decision in United States v. Johnson, NMCCA 200900141 (N.M. Ct. Crim. App. 25 August 2009), nicely sets out the courts view of when and how bad language is subject to prosecution as indecent. A totality of the circumstances factual and contextual test must be used it seems. The precise parameters of what constitutes indecent…

Soldiers recovering in special Army medical units have faced inconsistent discipline because the military hasn’t adopted standards for how they and their commanders should act, according to a military review. The review was ordered in March after The AP reported on Soldier complaints that officers were indifferent to their medical needs and punished them for…

Following on the heels of NCIS’s recent testing of video-taping interrogations, it appears that OSI will start recording confessions. Starting on 1 October, Air Force OSI will, as a matter of policy, make a video recording of ”subject interviews.” Recording of witness and vicitm interviews will be optional. /tip CAAFLog.

AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY Formal Opinion 09-454 July 8, 2009 Prosecutor’s Duty to Disclose Evidence and Information Favorable to the Defense Rule 3.8(d) of the Model Rules of Professional Conduct requires a prosecutor to “make timely disclosure to the defense. This ethical opinion reinforces the rule that the prosecutors…