Articles Posted in court-martial

We’ve spent a lot of time over the last months addressing Crawford issues in the context of forensic reports. Let’s not forget that there are some exceptions to Crawford and confrontation. Professor Colin Miller writes about the co-conspirator “exception” to Crawford. In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court held that the…

LTC Lakin has made his CNN appearance. His supporters are not happy, as this piece at World News Daily indicates. I found a humorous note in the article. The writer points out a typo in the charge sheet. “in support of Operation Enduring Freedom with the 32nd Calvary (sic) Regiment, 101st Airborne” The writer correctly…

Here is a new article on interrogation tactics. Davis & Leo on the “Sympathetic Detective” Interrogation Strategy Deborah Davis and Richard A. Leo (University of Nevada, Reno and University of San Francisco – School of Law) have posted Selling Confession: Setting the Stage with the ‘Sympathetic Detective with a Time-Limited Offer’ (Journal of Contemporary Criminal…

In United States v. Serianne __ M.J. ___ (C.A.A.F. 2010), CAAF affirmed NMCCA’s dismissal of a charge that Chief Serianne failed to inform his command of a civilian conviction. Here is a link to the en banc opinion on an Article 62(b) interlocutory appeal by the government in Serianne, at NMCCA. On its face the…

World News Daily reports that LTC Lakin is scheduled to make another (potentially another) potential public confession: A U.S. Army officer challenging President Obama to document his eligibility to occupy to Oval Office will be telling his story to Anderson Cooper on his 360 program on CNN. The interview is scheduled to be broadcast from…

Marine Corps Times reports: Moved by a huge tide of troops returning from Iraq and Afghanistan with post-traumatic stress, Congress has pressured the Department of Veterans Affairs to settle their disability claims — quickly, humanely and mostly in the vets’ favor. This 1969 photo shows Keith Roberts in Navy uniform. Starting in 1987, Roberts filed…

KXXV.com reports: A Fort Hood soldier accused of possession of child pornography has been sentenced. A General Court-Martial found Sgt. Donald Keith Whitten guilty of wrongful possession of child pornography earlier this week. Whitten has been sentenced to 16 months of confinement and reduction to Private E1. Just five days before Ekaterine Bautista planned to…

On habeas review of state court convictions, the detective’s trial testimony about the statements of two non-testifying co-actors which implicated the defendant in the shooting and which were used to confront the defendant during his interview violated the Confrontation Clause and constituted plain error, in Ray v. Boatwright, _ F.3d _ (No. 08-2825).

I posted yesterday a couple of items where Mr. Galligan indicates he’s been given notice that the prosecution intends seeking the death penalty in the Hasan case. He’s wrong, but not wrong. It’s a question of terminology and reality. Here is a quick note from KWTX.com: FORT HOOD (April 30, 2010)–Fort Hood authorities said Friday…

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