Fayobserver reports: A federal appeals court has sided with convicted killer Jeffrey MacDonald, ordering a second review of his claims of newly discovered evidence. MacDonald, a former Army surgeon at Fort Bragg who is serving three life sentences for killing his pregnant wife and their 5-year-old and 2-year-old daughters in…
Navy Times reports the relief of the CO, Naval Station, Rota, Spain. He is the seventh commanding officer fired this year, and the fifth aviator. AP reports rumors that Bradley Manning will be moved to Leavenworth. While in some ways this may be good, he will now be separated from…
Prof. Colin Miller has a timely and excellent discussion of eyewitness identification issues.
WHTM ABC 27 reports: A hearing will be held at the U.S. Naval Academy to determine whether a midshipman will be court-martialed. Patrick Edmond is accused of raping a female midshipman in October in the school’s dormitory. Following an investigation by the Naval Criminal Intelligence Service, he was charged last…
“SO VAST AN AREA OF LEGAL IRRESPONSIBILITY”? THE SUPERIOR ORDERS DEFENSE AND GOOD FAITH RELIANCE ON ADVICE OF COUNSEL, Mark W.S. Hobel, 111 COLUMBIA L. REV. 574 (2011). This Note argues that the modern superior orders defense represents the most relevant and just paradigm for assessing the potential criminal liability…
I came across a case that had this interesting piece in it while discussing some IAC claims. A defendant’s constitutional right to testify in his own behalf is implicit in the Fifth, Sixth, and Fourteenth Amendments. Rock v. Arkansas, 483 U.S. 44, 51-53 (1987). However, "[w]hether the defendant is to…
Professor Colin Miller summarizes the progress of a reporter’s privilege in the 36th –40th states which now have one. West VA became the 40th a few days ago.
Outside the Wire reports: Was a brigade commander an instigator or just asleep at the switch while the 5th Stryker Brigade, 2nd Infantry Division, “kill team” was allegedly murdering civilians? An Army investigation finds no “causal relationship” between Col. Harry D. Tunnell IV’s aggressive leadership and the killings, but it…
Stars & Stripes reports: The Spangdahlem airman behind the wheel of the car that crashed last July, killing two other airmen, goes to court Monday to face manslaughter and negligent homicide charges, an Air Force spokeswoman said Friday. Bryan County News reports some of the voir dire in Bozicvich. It…
What happens to the client after NJP and administrative discharge. In Buckingham v. Secretary of the Navy, ENS Buckingham sought reinstatement in the naval service and cancellation of recoupment for his ROTC education. ENS Buckingham shop-lifted from the NEX and was caught. His CO imposed a LOR at NJP. Subsequently…