Court-Martial Trial Practice

Thursday, Columbus TV commentator and retired news anchor Al Fleming managed to do what every major network, cable news outlet, newspaper, magazine and blogger has failed to do for more than four decades: get William Calley to speak publicly about his personal day of infamy. Ledger-enquirer.com, 21 August 2009. AN EMOTIONAL WILLIAM CALLEY SAYS HE…

VILSECK, Stars & Stripes Germany — A manhunt is under way for a U.S. Special Forces soldier who fled after being convicted of kidnapping and sexually assaulting a German woman. Sgt. 1st Class Kelly A. Stewart — who was found guilty of multiple charges including kidnapping, forcible sodomy and aggravated sexual assault of a woman…

Here’s an interesting piece from Volokh. It appears the often bad habits of the military court-room have shown up in federal district court. The appellate judges don’t seem amused, but neither do they find prejudice. Tolerated misconduct without findings of prejudice don’t discourage, they encourage. However, here the defense counsel didn’t help – actually didn’t…

Recently CAAFLog had a discussion about military appellate cases and publication or non-publication. PACER is a pay to use system that allows access to lots of federal courts documents that are “publically available” but at a fee. Recently a technology blogger I follow FutureLawyer had a comment about RECAP and PACER. Now here is another…

Justice delayed is….oh, never mind That business about justice delayed being justice denied apparently has a statute of limitations. At least, that must be the way it seems for Marco A. Bush, a former private first class in the Marine Corps. I like to read S&S because of their ability to reduce an issue to…

A Dubay hearing is about to get underway in United States v. Hutchins.

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.