Court-Martial Trial Practice

Travis Bishop’s court-martial August 18, 11:30 AM Dallas Progressive Examiner Herschel Tomlinson

CAAF has visited statements made by military judges post-trial typically in bridging the gap sessions. Here is an interesting grant and set-aside: No. 08-0215/NA. U.S. v. Tyrice L. HAYES. CCA 200600910. Review granted on the following issue: WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED WHEN IT FOUND THAT APPELLANT WAS NOT DENIED HIS…

Today’s New York Times has an article about fabricating DNA evidence in a laboratory. Unlike naturally-occurring DNA that could merely be planted at a crime scene, fabricated DNA would not require access to an original, physical specimen of a particular person’s DNA, so long as one had access to his DNA database profile. An excerpt…

Here is a 10News report of a Marine at San Diego, a law school graduate on his way to becoming a Marine judge advocate. A San Diego-based U.S. Marine officer, Capt. DW who is accused of rape and indecent assault, will be tried in a general court-martial set to begin Wednesday, Marine Corps officials said.

CAAF has released an opinion in United States v. Bush, __ M.J. ___ (C.A.A.F. 2009). That means, according to CAAFLog, two more to go before of all of the current pending decisions have been released. Judge Erdmann writes the opinion; Judge Ryan writes a “concur in the judgment” opinion which Judge Stuckey is in agreement…

Professor Colin Miller of the excellent EvidenceProf blog alerts that the CrimLawProf blog is back up and running with a new cast of characters.

Here’s a little more on the Army’s reinstatement of the QMP program from Nancy Montgomery with Stars & Stripes. After nearly seven years of suspension, what the Army calls the “Qualitative Management Program” is back, providing a means, the Army says, of ridding the service of marginal leaders. The QMP review applies to all retirement-eligible…

Military.com is reporting: August 14, 2009 (The talk is reported here.) Associated Press A lecture by the woman who became the public face of the Abu Ghraib scandal was canceled Friday at the Library of Congress after threats caused concerns about staff safety. Former Army reservist Lynndie England had been scheduled to discuss her biography…

Yesterday was a post about another active duty war protestor. Here is an update and some commentary. ——————– Armed for Court-Martial Combat, The Austin Chronicle. In recent years, anti-war resistance in the military has concentrated on the Iraq conflict. But as forces in Afghanistan increase, that war is being highlighted in Central Texas by the…

With several military personnel on death row and in the federal appeals/habeas process, and several death referred cases pending, here is an interesting article on some federal judges pushing back on limits on appeals. Limits On Death Penalty Review Sparking Judges’ Dissents Posted Aug 14 2009 – A study by The New York Times reveals…