Here is a new piece of information from wing nut daily: Lieutenant Colonel Terrence Lakin, a distinguished Army flight surgeon, is "certain" to be convicted of disobeying orders, according to his lawyer, Neil Puckett. Notice he does not apparently address the missing movement. Maybe the “specific” movement issue is a…
Court-Martial Trial Practice Blog
CAAF decisions
CAAF has decided three cases, Blazier of course being one of them. I was the trial defense counsel in the case so no comment from me on the case so far. Here is the brief for petitioner in Bullcoming v. New Mexico. Professor Friedman has posted this at his excellent…
Federal Rule of Evidence change
An important change to the Federal Rules of Evidence begins today. That means, absent Presidential action, the rule will take affect in the military no later than 18 months from now. This is a significant change requiring the prosecution to corroborate statements against penal interest. On December 1, 2010, a…
FOIA or not
The Supremes will here an important FOIA case today, Milner v. Dept. of the Navy. Here is a link to the SCOTUSBlog information.
LTC Lakin voir dire
A thought as we get closer to trial. As the Greeley Gazette article and the current postings at such places as PostandEmail, safeguardourconstitution, and wing nut daily, demonstrate there is a great deal of criticism about Judge Lind. Some of that criticism has been harsh and excessive. Other than a…
LTC sitrep
As trial approaches the Greeley Gazette has an article part of which notes that the case is now something of a comedy routine on the late night shows. Apparently being the focus of a skit on SNL adds merit. LTC Lakin’s brother Greg is a lawyer as well as a…
Up periscope
The Navy Times reports: The civilian attorney for a cruiser skipper fired for cruelty and mistreatment of her crew told a board of inquiry in his opening statement Tuesday that his client had been the victim of a sexist and vengeful wardroom of incompetent officers and an inspector general’s investigation…
Command influence
Now available: Command Influence: A story of Korea and the politics of injustice, Robert A Shaines Robert A. Shaines today announced the release of Command Influence, A Story of Korea and the Politics of Injustice, published by Outskirts Press. Shaines’ fascinating peek into this less than honorable moment in American…
He waivered
Professor Colin Miller has this useful reminder of the effects from Berghuis v. Thompkins. Say Anything?: Jeopardy Question About New Miranda Opinion Gets It Almost Completely Correct Last night’s episode of Jeopardy! featured the category "A Murder Investigation," with The Closer’s Kyra Sedgwick reading the clues. The $1000 clue in…
PMC justice
Here is an interesting read. Kathrine J. Chapman, The Untouchables: Private Military Contractors’ Criminal Accountability under the UCMJ, 63 VANDERBILT L. REV. 1047 (2010). The author argues that: PMCs must be held accountable for their criminal actions, not merely to provide personal justice for those injured by their crimes, but…