Articles Posted in UCMJ

I’ve posted before about issues with forensic testing and police controlled laboratories (including military drug testing laboratories). Here is an article from my old crim law professor, a former Army JA. You’ve also heard me frequently talk about confirmatory bias in regard to police investigations and other investigations. Paul C. Gianelli, Independent Crime Laboratories: The…

Thanks to Federal Evidence Review for a good summary of cases and issues involving 404(b) issues in federal courts.

FoxNews reports that: Hall, a soldier out of Fort Stewart in Georgia, recorded a rap song last July called “Stop Loss” after he was notified that his military contract was being extended. Army soldiers who are “stop-lossed” must complete additional tours of duty. In his song, Hall raps about walking up to soldiers and “surprising…

Thanks to OpinoJuris for pointing us to the 11th Circuit decision in United States v. Frank. You will recollect that CAAF has found that the CP related statutes don’t apply overseas. Here is part of the OJ summary. The Eleventh Circuit upheld the conviction finding that (1) Miranda warnings were unnecessary; (2) the statute applied…

United States v. Blazier. Here are the relevant portions of the opinion written by Judge Ryan for the moment. This case presents the question whether the admission of drug testing reports” over defense objection violated Appellant’s rights under the Sixth Amendment’s Confrontation Clause. The antecedent question, whether certain admitted evidence was testimonial, we answer affirmatively,…

North County Times reports: That the military judge “ruled prosecutors must show beyond a reasonable doubt that unlawful command influence hasn’t tainted the manslaughter case against a Camp Pendleton Marine accused of taking part in the 2005 slayings of 24 Iraqi civilians.” This means the defense was successful so far in showing sufficient evidence to…

Marine Corps Times reports: Eight Marines were charged in the biggest criminal case against U.S. troops to arise from the Iraq war. Six have had charges dismissed, and one was acquitted. Whether the only remaining and perhaps highest-profile defendant stands trial may hinge on what happens this week in a military courtroom. Lawyers for Staff…

United States v. Ferguson We granted review to determine whether the military judge erred by accepting Appellant’s guilty plea to indecent exposure. We hold that there is no substantial basis in law or fact to question Appellant’s plea to indecent exposure and affirm the judgment of the United States Air Force Court of Criminal Appeals…

United States v. Bond. Before this court, Appellant has assigned the following errors: I. The military judge erred when he denied the defense motion to dismiss Charges I and III for prior jeopardy. II. An unsuspended bad-conduct discharge is an inappropriately severe punishment for the crimes of which Appellant was convicted. III. Appellant’s Fifth and…

MySAnews reports that: Army Maj. Nidal Malik Hasan, charged in November’s shooting rampage at Fort Hood that left 13 people dead and 32 others wounded, will be moved from San Antonio to a county jail near the military post. Bell County Sheriff Dan Smith issued a statement Monday, saying Bell County commissioners court formalized a…