Articles Posted in Death Penalty

Military death penalty – Davila
Philip D. Cave

The prosecution of SPC Ivette Davila, at Fort Lewis, will generate some interest; hers will be the first death penalty prosecution of a woman under the UCMJ. Checking – has a woman ever been executed as a result of a court-martial in the United States? The answer is no under the UCMJ. The two most…

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Soldier (a woman) to face death penalty court-martial
Philip D. Cave

Seattle Times reports. A woman accused of killing two fellow soldiers from Joint Base Lewis-McChord and kidnapping their baby in 2008 will face a general court-martial after military authorities determined last week there was enough evidence to move forward with the case. The News Tribune reports this is a death penalty referral (seems like a…

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Breaking news on Breaker Morant
Philip D. Cave

Remember those NJS days, and at other military justice seminars – scenes from Breaker Morant (the movie), and discussion. A PETITION for the pardon of Harry ”Breaker” Morant and Peter Handcock, Australian soldiers executed by the British for the murder of prisoners in the dying days of the Boer War, has been forwarded to the…

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Up periscope – WE300110
Philip D. Cave

The Army has charged an Illinois National Guardsman in Afghanistan with possession of child and adult pornography, and his family has come to his defense, arguing that he was the target of a personal vendetta. Army Times reports. This is an ongoing case that started because the kids mother sent him a photograph of a…

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Major Hasan representation
Philip D. Cave

I blogged a bit of gossip the other day that there may now be up to 12 trial counsel working on Major Nidal Malik Hasan’s court-martial. I had blogged that Major Hasan had two military counsel, that appears wrong, and so too might be the rumor of 12 TC. Maj. Nidal Malik Hasan, the Army…

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Major Hasan developments
Philip D. Cave

Someone has made a valid request of Congress, and they have agreed: The House Armed Services Committee on Wednesday suspended its investigation of the Nov. 5 shootings at Fort Hood, Texas, until the Department of Defense had finished its investigation. DoD requested that Congress wait until its review had been complete before calling DoD witnesses…

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Hasan update
Philip D. Cave

Rumor has it that there are now 12 trial counsel assigned to the prosecution of Major Nidal Malik Hasan, at least one of whom has military death penalty litigation experience. The defense remains at three with Mr. Galligan and two military defense counsel, none of whom have death penalty experience under the UCMJ. The Army…

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Major Hasan update
Philip D. Cave

The Army Times reports that the prosecution is being bolstered for the court-martial of Major Hasan for his court-martial at Fort Hood. A senior military official said Friday that a new lead prosecutor has been appointed in the Fort Hood shooting case, a man who secured the death penalty in a similar case four years…

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