In September 2010, USA Today published the first of several articles about prosecutorial misconduct. In that article they discussed Nino Lyons who was convicted in a case where the prosecutors: covered up evidence that could have discredited many of Lyons’ accusers. They never revealed that a convict who claimed to have purchased hundreds of pounds…
Continue reading ›I posted the other day about discovery, the appellate courts are seeing a number of cases about discovery issues. ACCA hears oral argument in the Behenna case which presents the question of trial counsel’s failure to comply with Brady/Bagley/Giglio/Article 46 in the context of a motion for mistrial and a motion for new trial. As…
Continue reading ›Navy Times reports: A cruiser skipper who was fired for cruelty and mistreatment of her crew will go before a Navy board of inquiry Tuesday that will recommend whether she can continue her Navy service. A Behanna update by Army Times: The Army Clemency and Parole Board in Arlington, Va., will review First Lt. Michael…
Continue reading ›Military.com reports that: A Davis-Monthan airman is on trial in military court this week over allegations that he ran a fraudulent Russian bride ring, arranging sham marriages for money with members of the military so the foreign women could obtain legal status in the U.S. The Record-Courier reports on the Davila case: Family members of…
Continue reading ›Main Justice reports: A high-profile appeal of an Army First Lieutenant convicted last year of killing an unarmed detainee in Iraq could turn in part on whether military prosecutors withheld exculpatory evidence. [The] case underscores how the government is being forced to explain, in the military courts as well as the civilian justice system, its…
Continue reading ›CAAFLog has this case among the Top-10 for 2009. Vicki Behenna has 10 minutes to plead her son’s case. Where does she begin? In the last few months, she has developed hours of arguments about why U.S. Army 1st Lt. Michael Behenna was wrongly convicted of killing a suspected terrorist in Iraq in 2008, why…
Continue reading ›Below is the text of the sworn affidavit, dated April 21, in which Dr. MacDonell explains how knowledge he obtained while waiting to testify in the case could have changed dramatically its outcome, in the court-martial of 1Lt Michael Behenna, for murder and other violations of the UCMJ. McCarty & Fatigante, at BigGovernment blog.
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