Rapid City Journal reports that: Government prosecutors dismissed sexual assault charges against an Ellsworth Air Force Base airman when the alleged victim did not appear at an Article 32 hearing for Sr. Airman Vinicus Santana on Tuesday. Santana is scheduled for a court martial on April 20 for a shooting incident in Rapid City that…
Continue reading ›Thanks to Fourthamendement.com, here is an article about Arizona v. Gant. Arizona v. Gant: Does it Matter? by Barbara E. Armacost of the University of Virginia School of Law in 2009 S.Ct. Rev. __ (2010). And from the abstract: Prior to the Supreme Court’s recent opinion in Arizona v Gant, it was standard practice under…
Continue reading ›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…
Continue reading ›Military.com reports that: A four-star general will testify at a pretrial hearing in the biggest criminal case against U.S. troops to arise from the Iraq war, a Marine Corps spokesman said Thursday. Gen. James Mattis is scheduled to address a military judge Monday on a defense motion to dismiss charges against Staff Sgt. Frank Wuterich…
Continue reading ›WOAI.com reports: Hasan’s lawyer claims the U.S. Army is withholding key information he needs to defend Hasan. Attorney John Galligan said he has been waiting months for classified material needed to help his client. He said he has been given limited access to criminal investigation files. Does Mr. Galligan have the appropriate security clearance? If…
Continue reading ›Military.com reports: Last summer, more than a year after completing a seemingly successful tour as commanding officer of the amphibious assault ship Wasp, Capt. Michael Hawley was removed from his post as the head of a Norfolk-based training group. . . . But a report from the Naval Inspector General’s office outlines six personal or…
Continue reading ›United States v. Clayton. Another special exception, in of course, a CP case. The dissent says it all. RYAN, J., with whom ERDMANN, J., joins (dissenting): I cannot agree with the continued dilution of the requirement that there be an actual, as opposed to an intuitive or a hypothetical, nexus between the evidence sought and…
Continue reading ›ACCA has issued an opinion in United States v. Watson, another administrative discharge issued pending appeal, this time an officer. A military judge sitting as a general court-martial convicted appellant, pursuant to her pleas, of larceny of government property and fraud against the United States (two specifications), in violation of Articles 121 and 132, Uniform…
Continue reading ›Navy Times reports that: A former sector commander in Alaska is facing a general court-marital for charges of adultery, fraternization and other sexual improprieties. Capt. Herbert “Mark” Hamilton III has been charged with 30 counts, including: failing to follow orders; lying to investigators; committing adultery with enlisted personnel; sending and receiving “sexual and amorous text…
Continue reading ›Fay Observer reports that: U.S. District Judge Terrence Boyle on Wednesday dismissed an effort by Army Master Sgt. Timothy Bailey Hennis to stop his court-martial for a 1985 triple homicide near Fort Bragg. A jury has been seated in the court-martial. Opening statements and testimony are scheduled to begin today. It appears that the judge…
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