Articles Posted in court-martial

Stars & Stripes and others are reporting that: DoD is starting to announce new policies that may go into effect because of the inquiry into Major Hasan. I expect two will cause some heartburn: More restrictive policy regarding weapons on base, including in quarters. I expect there will an initial uptick in Second Amendment related…

Professor Colin Miller has posted an excellent piece about the current status of expert testimony about the inaccuracies of eyewitness identification. I have done several posts on this blog (here, here, here, here, here, and here) about the inaccuracy of regular and cross-racial eyewitness identifications and whether expert testimony about this inaccuracy should be allowed.…

FayObserver reports that: An Army major who allegedly told another soldier that his fellow jury members in an October court-martial acted improperly and with an agenda testified Thursday that he never made such an allegation. Pvt. Justin A. Boyle – a sergeant before having his rank stripped – was convicted in October of involuntary manslaughter…

Washington Post reports that: A military jury has sentenced a soldier to die for killing a North Carolina mother and her two children in 1985.

NMCCA has decided United States v. Oglesby. The issue was prosecution sentencing evidence of other acts toward the victim which had not been charged. Appellant alleged that the military judge failed to conduct a proper 1001 and Mil. R. Evid. 403 balancing test. NMCCA disagreed. NMCCA found that the military judge properly evaluated the evidence…

FayObserver notes the issue yesterday where the members wanted answers about parole should he be sentenced to life. I found this piece odd. The jury left the courthouse at Fort Bragg about 5:30 p.m. Wednesday evening without a decision on a sentence for Hennis: life in prison or the death penalty. A death sentence requires…

There are good reasons that the military should be apolitical in public, and as political as it wants in the voting booth. Politics Daily reports: The Army will court martial a lieutenant colonel who refuses to deploy to Afghanistan because he won’t accept orders from President Obama, whom he considers unqualified to be commander in…

Military.com reports that: They are sold under catchy names like Sage of the Seers, Magic Mint and Thang, designer drugs that can be legally sold at shops and online in most cases. But due to their increasing use by Sailors and the effects they cause, these designer drugs have been added to the U.S. Navy’s…

GiveUsLiberty blog has this piece. Hopefully Mr. Apuzzo has a similar depth of knowledge about the UCMJ, R.C.M., and Military Rules of Evidence, to his knowledge of constitutional law. Or will he dump that on learned military counsel, that’s another part of Article 38, UCMJ. This comment evidences a lack of understanding of chain of…

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…