There are two decisions issued today of some relevance to military justice practitioners. One relates to Miranda and another to SORNA. As to Berghuis v. Thompkins, Kent Scheidegger of crimeandconsequences blog says: The Miranda rule remains intact in that the police must warn suspects of their rights and that an invocation of those rights by…
Continue reading ›Article 32, is supposed to begin today. Here is a link to Wikipedia and a biography of Major Hasan. The Washington Post also has a piece on his life. The Houston Chronicle has an odd item: The hearing initially will be devoted to a series of motions. It will resume, probably next month, with a…
Continue reading ›Dwight Sullivan and I have often referred to Professor Melinkoff’s book, “The Conscience of a Lawyer.” One synopsis says: Begins with the 1840 murder trial Regina vs. Courvoisier, when, before the second day of trial, Benjamin Courvoisier, the accused, confesses to his lawyer that he committed the crime. The first half of the text describes,…
Continue reading ›1 June 2010: the Article 32, UCMJ, hearing ICO MAJ Nidal Malik Hasan is set to begin at Fort Hood. MAJ Hasan is in pretrial confinement therefore the Article 10, UCMJ, speedy trial clock applies. On 26 May 2010, Mr. Galligan, MAJ Hasan’s civilian counsel posted this on his blog. Today is the deadline, imposed…
Continue reading ›In United States v. Rodriguez, 67 M.J. 156 (C.A.A.F. 2009), cert. denied, 130 S. Ct. 459 (2009) the court changed years of practice when it came to late filings of petitions for review with CAAF. In Rodriguez the court held that: In light of Bowles v. Russell, 127 S. Ct. 2360 (2007), we conclude that…
Continue reading ›Courtesy of CAAFLog here is a link to a proposed amendment to Article 27, UCMJ. If passed the bill will have retroactive effect. SECTION 1. REIMBURSEMENT OF ATTORNEY FEES OF A MEMBER OF THE ARMED FORCES WHO RETAINS PRIVATE COUNSEL AND HAS CHARGES BROUGHT UNDER THE UNIFORM CODE OF MILITARY JUSTICE DISMISSED OR WITHDRAWN OR…
Continue reading ›The Post & Courier reports that: An active-duty Air Force airman accused in the death of a local American living in Germany has been acquitted in the case. Chris Matyszyk, 36, died Jan. 12, nearly two weeks after suffering a fatal punch to the face outside a pub in the German town of Landstuhl, near…
Continue reading ›recordonline.com reports that: United States Military Academy cadet has been convicted of rape in military court. The judge in the court-martial has found Cadet Kyle C. Newman guilty on one charge of rape and one count of indecent conduct. Newman was facing court-martial on two counts of rape and one count of indecent conduct. He…
Continue reading ›Andy Martin, Executive Director, Contrarian Commentary, posits that President Obama is not legally president, therefore LTC Lakin has a legitimate challenge to his orders. Mr. Martin first tells us that: I am completely independent and impartial in so far as the Lakin matter is concerned. So far as I am aware I have not had…
Continue reading ›Here’s an interesting grant and remand from CAAF. No. 10-0265/AF. U.S. v. Douglas E. LONG. CCA 37044 (2009 CCA LEXIS 477). WHETHER APPELLANT WAS DENIED DUE PROCESS BECAUSE ASSURANCES OF AIR FORCE OFFICIALS PROVIDED HIM WITH DE FACTO IMMUNITY FROM PROSECUTION. The decision of the United States Air Force Court of Criminal Appeals is set…
Continue reading ›
