I posted a couple of weeks ago almost, that NMCCA’s cases in which the Fosler issue was addressed. We have another case which appears consistent with NMCCA’s approach in those prior cases. In United States v. Leubecker, the court took up a Fosler issue again. The two challenged specifications related…
NMCCA has set aside a guilty plea and conviction of misbehavior by a sentinel in United States v. Apodaca. DID THE MILITARY JUDGE ERR BY ACCEPTING THE APPELLANT’S PLEA OF GUILTY TO MISBEHAVIOR BY A SENTINEL, WHERE THE APPELLANT WAS IMPAIRED BY A SUBSTANCE OTHER THAN ALCOHOL AT THE TIME…
Stars & Stripes is reporting the results of the Wickware court-martial. Airman 1st Class Horace Wickware, convicted Monday of the abuse and murder of his 8-month old son, was found guilty Monday and sentenced to 22 years in prison. I see that the Stars & Stripes have picked up on…
James Gow, War and War Crimes: Military, Legitimacy and Success in Armed Conflict, Coumbia Univ. Press, Dec. 2011. Necessity and proportionality inform the laws of war, but how do these principles work in modern warfare? What new pressures do the practitioners of war face, especially in light of rapid changes…
Professor Friedman has posted various amicus pleadings on his blog here. He lists one not currently on the SCOTUSBlog for the case. A little more here with Supreme Court cases with potential impact on military justice. Professor Friedman does note as to his own filing: There are a couple of…
Now we know – who the nominee is to be the next judge of the Court of Appeals for the Armed Forces — Kevin A. Ohlson. Here is a short fact sheet from DOJ. Here’s a piece from whorunsGOV at the Washington Post. Career History: Chief of Staff to Attorney…
The Recordnet.com reports on the non-capital referral decision in United States v. Platero. The commanding general of Fort Stewart, Ga., did not talk directly with the families of two soldiers killed in Iraq a year ago – including the Carrillo family of Stockton – before making the decision to pull…
Stars & Stripes reports on the continuing trial of United States v. Wickware. The wife of a Spangdahlem Air Base airman charged with murder in the abuse death of his infant son testified at his court-martial Monday. Note the comment of an experienced military judge about how difficult these cases…
SCOTUSBlog reports their “petition of the day,” which is a criminal evidence case with potential relevance to military justice practitioners – Childers v. Florida, if granted. Issue two is: 2. Should the Court resolve a conflict in the Circuits and clarify whether its Confrontation Clause precedents, Olden v. Kentucky, 488…
Giannelli on Junk Science and the Willingham Execution Paul C. Giannelli (Case Western Reserve University – School of Law) has posted The Execution of Cameron Todd Willingham: Junk Science, an Innocent Man, and the Politics of Death on SSRN. Here is the abstract: Cameron Todd Willingham was tried and executed…