Articles Posted in court-martial

CAAF has decided United States v. Graner. Graner loses. We granted review in this Abu Ghraib case to determine whether the military judge abused his discretion in (1) refusing to compel the Government to produce certain memoranda requested by the defense; (2) excluding the testimony of, and an e-mail from, Major Ponce; and (3) limiting…

Army Board for Correction of Military Records, here we come. Actually, there’s probably no requirement to start there I suppose. The OCWeekly reports that: Taitz has also been pining for recently sacked U.S. general Stanley McChrystal to give her a call. She says that McCrystal is a “perfect plaintiff to expose Obama’s lack of legitimacy,”…

CAAF has decided United States v. Lloyd, in a 3-2 decision. The majority determined that the defense had not sufficiently shown the need for a blood spatter expert. Chief Judge Effron writing for himself and Judge Baker dissented. I see this as a fact based decision and not stating any new law.

Professor Friedman alerts that two amicus briefs have been filed. The link to his brief does not work, but the one to NACDL does. As a reminder the QP is: Whether statements to investigating police officers accusing someone of a crime and describing the offense after it has been completed fall outside the scope of…

Here is a posting on Above the Law about a Marine officer attending law school, and his Marine Corps future. It’s not clear if he’s there as a LEP’er. But I suspect he’s on his way to being a leper in a number of communities. It’s a Scarlet Letter tale for the digital age. A…

Army Times reports that: Three officers given letters of reprimand for the deadly July 13, 2008, battle in Wanat, Afghanistan, have been exonerated and the letters withdrawn, the Army announced June 23. Gen. Charles Campbell, who recently relinquished command of Forces Command and is preparing to retire, “withdrew, cancelled and annulled” the adverse administrative actions…

CAAF’s journal for 22 June 2010 notes: No. 10-0468/AR. U.S. v. Sonya M. WATSON. CCA 20080175. Review granted on the following issue: WHETHER THE ARMY COURT ERRED WHEN IT RULED THAT APPELLANT’S ADMINISTRATIVE DISCHARGE WAS VOIDABLE AND PROPERLY REVOKED AND DID NOT REMIT THE ADJUDGED DISMISSAL. Briefs will be filed under Rule 25.

Schaefer v. McHugh is the interesting case of an Army JAG who finagled a medical discharge, but then the orders were revoked, and upon return to the fold he received a GOMR. It’s not nice to have the Army pay for your law school education and then try to sneak out the back-door. Malcolm Schaefer…

Well, we have a general idea of what GEN McChrystal is accused of saying, as well of supposed statements of other officers. As I was driving home today I heard a story that he’d submitted a resignation – from the Army, or his current position? USA Today has this piece in which they report a…

Atlanta Journal Constitution reports that: Military officials have charged Staff Sgt. Rashad Valmont with murder in the fatal shooting of Master Sgt. Pedro Mercado at Fort Gillem, U.S. Army spokeswoman Maj. Lenora Hutchinson told the AJC on Tuesday. The report then goes on to say that: The charge of premeditated murder was recommended Tuesday by…