Articles Posted in rcm 706

MAJ Hasan sitrep
Philip D. Cave

I posted the other day about the defense refusal to cooperate in a scheduled R.C.M. 706 board. Mr. Galligan’s website now points to this CNN piece. The title of his posting is, “Army Attempts Last Minute Changes to Sanity Board.” The CNN piece makes several observations. The defense objects to the timing. The defense alleges…

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CAAF sets aside
Philip D. Cave

No. 10-0337/AR. U.S. v. David ANTAR. CCA 20080836. Review granted on the following issue: WHETHER THE MILITARY JUDGE ERRED BY ACCEPTING APPELLANT’S PLEA OF GUILTY AND NOT REOPENING THE PROVIDENCE INQUIRY WITHOUT QUESTIONING BOTH APPELLANT AND HIS TRIAL DEFENSE COUNSEL REGARDING APPELLANT’S BIPOLAR DISORDER, HIS EXTENSIVE HISTORY OF PSYCHIATRIC DISORDERS, AND POSSIBLE MENTAL RESPONSIBILITY DEFENSE.…

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NMCCA decision setting aside
Philip D. Cave

United States v. Sezginalp: There is an interesting appellate procedural history. The court intially denied various efforts to have a post-trial R.C.M. 706 evaluation. But, the court did sua sponte reconsider the denial and did order a new R.C.M. 706 examination. On 6 January 2010, the ordered R.C.M. 706 evaluation report was released. The evaluation…

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Major Hasan – R.C.M. 706 update
Philip D. Cave

Army officials agreed to delay a mental evaluation for the man suspected of going on a shooting spree at Fort Hood until after a military court hearing that will determine if he will stand trial, his attorney said Wednesday. Houston Chronicle.com reports. Lamb denied a request for civilian mental health experts to be on the…

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Major Hasan update
Philip D. Cave

An attorney for the Army psychiatrist accused of going on a shooting rampage at Fort Hood said Monday he wants his client’s mental evaluation delayed, citing a potential conflict of interest with the exam panel. Army officials previously appointed a three-member board of military mental health professionals to determine whether Maj. Nidal Hasan is competent…

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Major Hasan update: 150110
Philip D. Cave

Reporting from Washington – Between five and eight Army officers are expected to face discipline for failing to take action against the accused Ft. Hood shooter, Maj. Nidal Malik Hasan, over a series of behavioral and professional problems in the years leading up to the November rampage. Reports the LA Times. No word on the…

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Major Hasan update
Philip D. Cave

The Killeen Daily Herald reports that LTG Cone recently gave a briefing about “behavioral health care.” The Army is behind Fort Hood’s effort to address behavioral health care issues and plans to institute it across the board, the post’s commander said Friday. In response to incidents like the Nov. 5 shooting and an Army-wide increase…

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Flawed court-martial pretrial system
Philip D. Cave

Maj. Nidal Malik Hasan’s defense attorney skirmished with Army commanders Wednesday over the timing of a sanity examination for the Fort Hood gunman, saying that his client is still too medically impaired to participate. So begins a piece in the Dallas News. What’s the flaw. There is no judge that attorney Galligan can go to…

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