LtGen McInerney predicats that the Republican Congress will investigate the case if LTC Lakin is convicted. More at Wild Nut Daily. McInerny admits he would have probably given different advice. His point being that the Army would not allow him to be tried fairly. Question, what would McInerny have…
Court-Martial Trial Practice Blog
LTC Lakin
There is an increasing disconnect between the “birther” movement and LTC Lakin’s case. Hopefully that “wishy washy” attorney representing him will make that clear when pleading for mercy. The Post&Email has been following LTC Lakin and most of the other presidential eligibility cases. Recently they ran a piece about some…
Behenna and more
In September 2010, USA Today published the first of several articles about prosecutorial misconduct. In that article they discussed Nino Lyons who was convicted in a case where the prosecutors: covered up evidence that could have discredited many of Lyons’ accusers. They never revealed that a convict who claimed to…
LTC Lakin
There’s a second part which I’m having a little trouble uploading right now. So, go to the YouTube and it should follow on from there. Note that in the second part Neal is soliciting funds NOT for Lakin’s defense, but for his life after the military.
Harmless error
Revising Harmless Error: Making Innocence Relevant to Direct Appeals Helen A. Anderson University of Washington – School of Law October 27, 2010 Abstract: The direct appeal of a convicted defendant is almost never concerned with actual innocence. The system seems to privilege procedural claims, and it is extremely difficult, if…
LTC Lakin
You will know that Neal Puckett was on the Peter Boyles radio show yesterday. The show continued today with Gen Valleley as the guest. This was (is?) a defense witness whose presence was litigated at the Article 39(a), UCMJ, session. According to Gen Valleley the court-martial process is corrupt, Military…
MAJ Hasan sitrep
Army Times reports: The Army psychiatrist charged in last year’s deadly Fort Hood shooting rampage is to have a mental evaluation this week, his attorney said Monday. Maj. Nidal Hasan will be evaluated in the county jail near the Texas Army post as early as Tuesday by a three-member military…
Humor in military lawyering
The Columbian reports: Some people were taking the job of soldiering a bit casually on Dec. 6, 1941, says a Washougal veteran of World War II. It took one day to change everything. “In the peacetime Army, a lot of guys just took off,” . . . Officially, they were…
Discovery, anew
I posted the other day about discovery, the appellate courts are seeing a number of cases about discovery issues. ACCA hears oral argument in the Behenna case which presents the question of trial counsel’s failure to comply with Brady/Bagley/Giglio/Article 46 in the context of a motion for mistrial and a…
In the court of adverse administrative actions
Not completely off topic, the Army Times reports: Soldiers are dangerously starving themselves, gobbling diet pills and laxatives — even going under the knife in costly liposuction surgery — all to meet the Army’s weight standards and avoid losing their careers.