The LifeSiteNews.com is reporting: While Hasan recovers at the Brooke Army Medical Center in San Antonio, the Army is readying itself to charge Hasan in military court, where he could face the death-penalty. But prosecutors will have to charge Hasan under the Uniform Code of Military Justice (UCMJ), which was amended in 2004 to include…
Continue reading ›Articles Posted in UCMJ
Gawker, an unusual blog has information about Major Hasan’s application for a concealed carry permit in VA. Fort Hood, like all military installations, will have a regulation concerning the possession and carrying of weapons on post. Usually the weapon has to be stored in the Armory. Here is the complete application. The blog also notes:…
Continue reading ›Will Major Hasan successfully use PTSD as a defense, or will it at least become a mitigating factor to be considered. If the trial is at Fort Hood, as seems likely at the moment, many of the Members (jury) panel will already have quite a bit of extra-judicial information. Here are some links relating to…
Continue reading ›I’m not posting much at the moment on the Fort Hood tragedy. People can follow the news as easily as I can. However, this article by Will Heaven in the (U.K.) Daily Telegraph did raise an eyebrow. Fort Hood shooting: the death penalty would make Nidal Malik Hasan an Islamic martyr The implication of the…
Continue reading ›Anyone who knows anything about death penalty cases knows that allegations of ineffective assistance of counsel (IAC) will figure significantly in an appeal. It’s given that no matter how hard they work they’ll be accused of incompetence. Today, the Supreme Court summarily reversed a Sixth Circuit case in which the circuit court found IAC. Here…
Continue reading ›Tenth Circuit Joins Consensus On Admissibility Of Fingerprint Evidence In conspiracy to possess marijuana and illegal firearm possession prosecution, expert fingerprint testimony identifying the defendant’s thumb print on guns and ammunition was admissible under FRE 702 and Daubert even though the defendant raised “questions regarding whether fingerprint analysis can be considered truly scientific in an…
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