Two women testified at a military hearing Tuesday that they would not have had sex with an airman had they known he was HIV positive, and one said she believed him when he said he wasn’t because he was in the Air Force.

Professor Friedman has put up the transcript of argument in Michigan v. Bryant, a Crawford case.

Law.com has this item about prosecutorial misconduct cases in California.

Only a tiny percentage of prosecutors who engaged in misconduct were disciplined by the State Bar of California during a 12-year period, according to a report released Monday.

Fayobserver.com reports:

The Army has opposed an attempt by a former Fort Bragg soldier to have a military appeals court review his 2001 murder conviction. John Diamond, who was a staff sergeant when convicted in August 2001 of first-degree murder in the death of Air Force Capt. Marty Theer, is seeking a new trial and says the lawyers who represented him at his court-martial had a conflict of interest.

Signonsandiego reports:

The Coast Guard petty officer piloting the boat that killed an 8-year-old Rancho Penasquitos boy will face a general court-martial, while his two fellow crew members get lesser trials that mean a year or less in jail if convicted. The Coast Guard is now focusing the brunt of its prosecution on Petty Officer 1st Class Paul A. Ramos, 21, who will be tried at a general court-martial on charges of involuntary manslaughter, negligent homicide, aggravated assault and several lesser counts.

LA Times reports:

Three Coast Guard petty officers will be court-martialed for a 2009 fatal collision in San Diego Bay, the Coast Guard announced Wednesday. A fourth Coast Guard member will face a nonjudicial punishment process.

Daemonstv.com shows that hollywood can mimic real life.

Think Hennis? Think other cases, certainly I’ve had a couple that fit this bill as have my colleagues.

The cases on The Good Wife are always excellent; clever, unsentimental, often humorous. This week Alicia and Will went to court martial defending a soldier accused of murdering his wife. This was all thanks to Cary, who lost the case at state trial and called up a friend in JAG to retry the accused.

The Witchata Eagle reports:

A decision likely will be made in about two weeks about whether a McConnell Air Force Base sergeant accused of having sex without disclosing his HIV-positive status should face a court-martial. Tech. Sgt. David Gutierrez did not make a comment today during his Article 32 hearing, which is similar to a grand jury proceeding.

And no, it’s not similar to a grand jury. Unfortunately that erroneous comparison remains in the media lexicon.

Here is a FayObserver.com piece which documents some of the history of this case, including Michelle Theer’s abortive efforts to get a new trial.

According to court documents, witnesses for the prosecution repeatedly testified that Theer did not cooperate with the investigation and a prosecutor told the jury in closing arguments that Theer invoked her right to a lawyer when a co-defendant was arrested. U.S. District Court Judge Terrence W. Boyle dismissed that case Wednesday, ruling it included “no genuine issue of material fact.” Boyle also denied a certificate of appealability, which would be needed for Theer to file her case in a federal appellate court. Diamond was a staff sergeant on Fort Bragg when he was convicted in August 2001 of first-degree murder. He was sentenced to life in prison without parole and demoted to private.

In the appeal that was denied earlier this year, Diamond’s lawyers argued that he did not receive a fair trial because his lawyers . . . were paid in part by Michelle Theer. . . . In May, the Army Court of Criminal Appeals ruled that Brewer and Mitchell were unaware that they were paid by Michelle Theer and, therefore, no conflict of interest existed.

Here is a link to the first ACCA decision in United States v. Diamond, 65 M.J. 876 (A. Ct. Crim. App. 2007). The case was a very complete look at co-conspirators and admission of co-conspirator statements.

On 23 January 2009, CAAF took the following action.

No. 08-0365/AR. U.S. v. John M. DIAMOND. CCA 20010761. Review granted on the following issue: WHETHER THE NAMED CO-CONSPIRATOR, MICHELLE THEER, PAID APPELLANT’S CIVILIAN DEFENSE COUNSEL RETAINER AND, IF SO, WHETHER THIS CONFLICT OF INTEREST WAS DISCLOSED TO THE COURT. The record of trial is returned to the Judge Advocate General of the Army for remand to the Army Court of Criminal Appeals for further appellate inquiry on the granted issue. Thereafter, Article 67, Uniform Code of Military Justice, 10 U.S.C. § 867 (2000), shall apply. [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

United States v. Diamond, 67 M.J. 247 (C.A.A.F. 2009).

Here is a link to the second ACCA decision in United States v. Diamond, ARMY 20010761, 2010 CCA LEXIS 66 (A. Ct. Crim. App. May 26, 2010, on remand to treat the conflict of interest issue.