Navy. 1. United States v. Curry. This is a BAH case. The Government proceeded on a theory of a fraudulent marriage as a basis to commit larceny by trick. The court held oral argument in this case and specified two additional issues to the parties.2 Additional pleadings were later filed. …
Court-Martial Trial Practice Blog
Sound familiar?
KPLU News reports. Key pieces of evidence were lost or never collected in the case of five Washington-based soldiers charged with murdering Afghan civilians. That emerged Tuesday in an evidentiary hearing against the alleged ringleader – Staff Sgt. Calvin Gibbs.
MAJ Hasan update
Courtesy of Army Times, here is a link to, “Fort Hood Army Internal Review Team: Final Report.”
The confessions
The PBS Frontline special, “The Confessions” about false confessions and the Norfolk Four is now available.
Up periscope 92
Stars & Stripes reports. A U.S. soldier will spend more than two years in prison after a military judge found him guilty in a court-martial Tuesday of throwing a crowbar that struck a German motorcyclist in the head. Stars & Stripes reports. The sentence for an Air Force staff sergeant…
LTC Lakin’s latest
Thanks to a jab from RealityCheck. Let’s parse the current defense information release from LTC Lakin’s defense counsel. His previous civilian attorney complicated his case and is partially responsible for two of these charges by advising LTC Lakin to refuse to report to his superior officer. I posted a while…
AFCCA on unconditional waiver of motions
United States v. Brown is a good reminder of waiver of motions in pretrial agreements. The typical waiver is that the accused will “waive all waivable motions.” This seems something of an oxymoron. The provision is consistent with the idea that all nonjurisdictional motions are waived on a guilty plea…
Up periscope 91
Army Times reports. The defense does not plan to present any evidence when a military hearing resumes next week for the Army psychiatrist charged in last year’s deadly Fort Hood shootings, the lead defense attorney said Tuesday. John Galligan said the government had offered “no surprises” in presenting its case…
Post Padilla-Miller
Thanks to Sentencing Law & Policy here is a paper that raises some thoughts on IAC for pretrial advice to clients. As we know we won’t get anything solid on that from CAAF a la immigration because Denedo’s case is over. But, . . . . Post Padilla: Padilla’s Puzzles…
Impeachment
Professor Colin Miller uses an Alabama case to remind us that a prior misdemeanor conviction is not admissible under Rule 609(a). Under this Rule, then, it is clear that a party cannot impeach a witness through evidence that the witness has a prior misdemeanor conviction for a crime not involving…