The big news in the presidential pardons world is that President Obama has finally granted nine pardons. Pardon Power blog reports: 682 days into his presidency, Barack Obama has finally discovered the clemency power by granting 9 pardons. One of the nine is a military case from 1994 in which…
Court-Martial Trial Practice Blog
Double jeopardy?
Everyone remembers Pierce and Pierce credit – right. DMLHS at CasaCAAFLog has found this interesting opinion from the federal district court. This case is before the court on defendant’s motion to dismiss (no. 6). At issue is whether the United States government, consistent with the constitutional requirement of due process,…
LTC Lakin sitrep
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…
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…