Articles Posted in UCMJ

The FayObserver.com is reporting that a members panel has been selected and that trial on the merits will begin Wednesday, 17 March 2009.

Here is a piece about guilty pleas in military death penalty cases from FDL. The New York Times is reporting that the Obama Administration is considering changing the law to permit prisoners at Gitmo to plead guilty to death penalty cases without need for a trial. This is apparently a reaction to the stated desires…

Kate Wiltrout in the Virginia Pilot reports that the military judge has directed five defense witnesses be given immunity or the proceedings will be abated. The case against a Navy SEAL accused of not protecting an alleged Iraqi terrorist took a major turn Friday when a military judge ordered that five key defense witnesses be…

Daily Caller reports that: Following a two-week absence, the Fort Hood attorney was back at it Friday despite a gag order, blogging on the perceived injustices suffered by his defense team in defending Major Nidal Hasan, the man charged in the shooting deaths of 13 people. As previously reported by The Daily Caller, John P.…

In this case we decide whether Joshua Williams, who pleaded guilty to carnal knowledge of a minor in violation of military law while serving in the Navy, is exempt from registration as a sex offender pursuant to Penal Code sections 290, subdivision (c) and 290.005 (undesignated statutory references are to the Penal Code), and therefore…

FayObserver reports that: A 12th juror was seated in the court-martial of Army Master Sgt. Timothy B. Hennis at Fort Bragg this morning, but the total was quickly knocked back to 10. Attorneys on both sides exercised their right to peremptorily challenge one juror each.

R.C.M. 701(b)(2) sets out the requirement for defense disclosure if there will be an innocent ingestion defense. Assuming the accused is the only witness who may testify to an innocent ingestion, must the defense disclose that under the rule. My answer is no. To force a disclosure prior to testimony violates the accused’s right to…

I came across this item reading some history on the current court-martial. DNA has gained a prominent place in the prosecution and defense of criminal cases. But this piece illustrates that the DNA may only be as good as the testing done and the people doing the testing. The Army began its prosecution in 2006…

Army Times reports.The Army says a soldier who returned to a hero’s welcome in Wisconsin misrepresented his rank, badges and the origin of his injuries. FayObserver reports: The 11th juror was provisionally seated in the court-martial of Army Master Sgt. Timothy B. Hennis on Wednesday. The court-martial, a capital murder trial, needs a minimum of…

Points of interest to military justice from the current General Counsel to the Department of Defense:’ Development of the rules of practice and procedure for Military Commissions. The Department regularly consults with and takes input from defense counsel involved in the Commissions and GitMo related matters. This would be a better practice, and IMHO shows…