Articles Posted in article 13

Hasan update
Philip D. Cave

CAAFLog has pointed to this CentralTexasNow.com report. Bell County Jail, it’s where the man charged with the Fort Hood massacre, Nidal Hasan, is now being held. Inside the jail infirmary, under 24 hour surveillance, and his lawyer doesn’t like it. “He is, in short, being punished. In violation I believe of article 13 of the…

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NMCCA sets aside BCD for Article 13 credit
Philip D. Cave

Article 13, UCMJ, prohibits pretrial punishment. In United States v. Turner, NMCCA 200401570 (N-M.C. Ct. Crim. App. 22 December 2009), the court found pretrial punishment and set-aside the BCD. This may be somewhat pyrrhic because the sentence was adjudged in 2001. That means the appellant has been on unpaid appellate leave since 2001. In his…

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