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…
Court-Martial Trial Practice Blog
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…
Up periscope
Navy Times reports: A cruiser skipper who was fired for cruelty and mistreatment of her crew will go before a Navy board of inquiry Tuesday that will recommend whether she can continue her Navy service. A Behanna update by Army Times: The Army Clemency and Parole Board in Arlington, Va.,…
Jackie Robinson–not guilty
Takepart notes: Of course, Robinson didn’t begin his fight for equal rights overnight. While enlisted, Robinson was court-martialed for refusing to sit at the back of the bus — eleven years before Rosa Parks. Faced with multiple offenses, including public drunkenness (even though Robinson did not drink), the UCLA standout…
SCOTUS [grants][denies] Smith
Here courtesy of SCOTUSBlog are the relevant documents from Smith v. United States. Title: Smith v. United States Docket: 10-18 Issue(s): Whether, when a trial judge’s restriction on the cross-examination of a prosecution witness is challenged on appeal as a violation of the Confrontation Clause, the proper standard of review…
And while we are on the Coast Guard
There are several decisions: United States v. Sanchez is back with the same result. There was a time when the SJAR used to be a long and complete and thorough briefing sheet to the commander acting post-trial. Because of a very very few lost cases on post-trial delay and the…
Navy CO fired
Adding to this years catalog of Navy CO’s fired the Navy Times reports. The Navy has fired the commanding officer of the attack submarine Memphis as 10 members of his crew are under investigation in an alleged cheating ring involving shipboard training exams, according to a Navy release. See prior…
“Discovery” request denied
Fox News reports A key intelligence report that could aid accused Fort Hood shooter Maj. Nidal Hasan’s defense is being withheld by the Obama administration, according to a letter obtained by Fox News as part of its ongoing investigation of a radical American cleric. . . . . John Galligan,…