Court-Martial Trial Practice Blog

Navy Times reports:  The commanding officer of the patrol boat Anacapa was fired Monday over a loss of confidence in his ability to command, according to a Coast Guard press release.

In United States v. Hall, the AFCCA ordered the release of the appellant based on CAAF’s resolution of the issues in United States v. Beaty, 70 M.J. 39 (C.A.A.F. 2011).

United States v. Hohman was decided today.  This is another USMC case where the military counsel was “severed” due to a release from active duty.  Without a sufficient showing of prejudice CAAF affirms NMCCA.  NMCCA held that the MJ erred in his abatement order. Here’s a link to Hohman at…

with thanks to concurringopinions: Robert M. Chesney, Who May Be Held? Military Detention Through the Habeas Lens, 52 B.C. L. Rev. 769 (2011) [PDF], 52:3 B. C. L. REV. 769 (2011).

Here are Dwight “My Liege” Sullivan’s summary of the military death penalty since 1984. Under the current military death penalty system, which President Reagan promulgated in January 1984, there have been 52 known capital courts-martial resulting in 16 adjudged death sentences, for a 30.8% death sentencing rate.  (Convening authorities commuted…

Making Padilla Practical: Defense Counsel and Collateral Consequences at Guilty Plea Gabriel J. Chin University of Arizona James E. Rogers College of Law; University of Arizona School of Government and Public Policy Howard Law Journal, Vol. 54, No. 3, p. 101, 2011 Arizona Legal Studies Discussion Paper No. 11-17 Abstract:…

Nothing to Hide: The False Tradeoff between Privacy and Security Daniel J. Solove George Washington University Law School Daniel J. Solove, NOTHING TO HIDE: THE FALSE TRADEOFF BETWEEN PRIVACY AND SECURITY, Chapter 1, Yale University Press, 2011 Abstract: "If you’ve got nothing to hide," many people say, "you shouldn’t worry…

Human Rights First posted:  Today [a post on 25 May 2011], the Senate Judiciary Committee will be holding a hearing titled, “Holding Criminals Accountable: Extending Criminal Jurisdiction to Government Contractors and Employees Abroad” addressing the need to clarify criminal jurisdiction over U.S. contractors.  Human Rights First has long called for…

Wired.com reports:  Almost one year to the day after Army investigators arrested intelligence analyst Bradley Manning on suspicion of leaking hundreds of thousands of classified documents to WikiLeaks, the ex-hacker who turned him in is set to meet with the chief prosecutor on the case for the first time. “I’m…

And what a choice. Schriever AFB paper has a report about “bath salts” being the latest drug craze – “scourge.” CPT K. and I had this come up this week in a drug case.  We were putting the prosecution’s primary witness (the accomplice and co-conspirator) on trial for his drug…