Articles Posted in UCMJ

Marine Corps Times reports: Moved by a huge tide of troops returning from Iraq and Afghanistan with post-traumatic stress, Congress has pressured the Department of Veterans Affairs to settle their disability claims — quickly, humanely and mostly in the vets’ favor. This 1969 photo shows Keith Roberts in Navy uniform. Starting in 1987, Roberts filed…

KXXV.com reports: A Fort Hood soldier accused of possession of child pornography has been sentenced. A General Court-Martial found Sgt. Donald Keith Whitten guilty of wrongful possession of child pornography earlier this week. Whitten has been sentenced to 16 months of confinement and reduction to Private E1. Just five days before Ekaterine Bautista planned to…

On habeas review of state court convictions, the detective’s trial testimony about the statements of two non-testifying co-actors which implicated the defendant in the shooting and which were used to confront the defendant during his interview violated the Confrontation Clause and constituted plain error, in Ray v. Boatwright, _ F.3d _ (No. 08-2825).

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An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports: A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in…

Main Justice reports: A high-profile appeal of an Army First Lieutenant convicted last year of killing an unarmed detainee in Iraq could turn in part on whether military prosecutors withheld exculpatory evidence. [The] case underscores how the government is being forced to explain, in the military courts as well as the civilian justice system, its…

Should you want to follow the case – from a defense perspective – here are the three most common websites to follow. WorldNetDaily. This piece about commentary from MG Paul Vallely, USA, appears to be the latest piece: “Retired Army general: LtCol Lakin has a ‘valid point.’ The filing of charges may, however, be part…

An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports: A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in…

The safeguardourconstitution.com website has posted the charge sheet for LTC Lakin. WND reports that: The filing of charges may, however, be part of the still-unrevealed strategy Lakin and his legal counselors are pursuing. Not sure what “strategy” there is in making sure your client announces he will commit an offense, commits an offense and announces…

TPMMuckraker reports: Appearing on the G. Gordon Liddy radio show today, the attorney for Lt. Col. Terrence Lakin, the Birther Army doctor who is said to be facing a court martial for refusing orders, suggested that if his client is court-martialled, he will use discovery to try to further the Birther crusade. Jensen said he…