Courtesy of a poster at CAAFLog here is a link to the motion for a new trial and the affidavit given by Dr. Macdonell.
Court-Martial Trial Practice Blog
Senior officer misconduct
A general lost his joint command because he inappropriately touched female subordinates and made off-colored remarks in private and public meetings, according to the Pentagon’s top investigator. . . . Chambers has declined requests for comment twice, immediately after his dismissal and after Air Force Times obtained the inspector general’s…
Up periscope
Navy Times reports the Honors “debate.” In one view, echoed online by thousands of angry supporters, the risqué aspect of Capt. Owen Honors’ videos simply reflected shipboard life and were funny escapes from the often-tedious routine of deployment; offended crew members of the carrier Enterprise could simply look away. Honors…
False confessions anyone
The aim of this study was to model various social and cognitive processes believed to be associated with true and false confessions by exploring the link between investigative biases [1] and what occurs in the interrogation room. Using the Russano et al. (Psychol Sci 16:481–486, 2005) paradigm, this study explored…
Zander watch alert
Do you remember Marine Captain Zander? A distinguished graduate of the Naval Justice School, and having participated in reviewing about 200 of his ROT’s a pretty good trial lawyer viewed against his contemporaries. I posted about his activities in 2009, “I’ve been Zandered! Who remembers that name?” Well he’s back…
Dockets
The Navy-Marine Corps Trial Judiciary page links to the docket for WESTPAC (which includes Okinawa and Yoko). However, to get the Navy docket at Pearl Harbor you will find it at the Brig website. Interestingly the Navy appears to have tried four cases since 29 November, and one of those…
Police created exigent circumstances
I don’t know that we’ve had this issue come up in military cases, but there’s a first time for everything. Plus this case highlights potentially confusing “tests” that arise from different courts. During oral argument in Kentucky v. King on Wednesday, the Court struggled to find the proper test for…
800-pound gorilla–Not!
In a number of cases Judge Wiss made the statement about the CCA’s that "[T]here are some places where even ‘the proverbial 800-pound gorilla’ is not free to roam." See e.g., United States v. Parker, 36 M.J. 269, 273 (C.M.A. 1993)(citing United States v. Bethea, 22 U.S.C.M.A. 223, 46 C.M.R.…
Up periscope
Coastline Courier reports: The start date in a Fort Stewart soldier’s death penalty case has been delayed, to give the defense time to have their experts examine additional evidence and to accommodate witnesses coming to the United States from Iraq. Army Times reports a change in status: The wife of…
Enterprise
Military.com reports: The Navy says a second officer has been transferred from his job pending investigation into the showing of lewd videos on the aircraft carrier USS Enterprise. Rear Adm. Dennis Moynihan, a Navy spokesman, said Thursday that Rear Adm. Lawrence Rice has been transferred out of his job at…