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Court-Martial Trial Practice Blog

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Pretrial and trial publicity

Federal Evidence Review references: In conspiracy and arson trial, reversing and remanding when trial court failed "to make adequate inquiries regarding news stories" that appeared during deliberations and their impact on juror’s deliberations; the judge erroneously failed to explore "whether any juror heard any of the information" and its impact…

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Coast Guard San Diego Bay sitrep

Here SignOn San Diego reports the unusual situation of public release of pretrial agreement “discussions.” The Coast Guardsman piloting the boat that killed 8-year-old Anthony DeWeese might have served a year or less in prison if his lawyers had pursued a plea deal dangled by the prosecution. It is unclear…

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Eyewitness accounts and testimony

MAJ Hasan’s UCMJ Article 32 hearing and likely court-martial is drawing and will continue to draw lots of attention — of course, duh.  But just as we have seen in other high profile cases there are opportunities for what I call teachable moments.  Here are two from the item posted…

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Up periscope

I posted before about the CO of USS OHIO being detached for cause and the number of Navy CO’s DFC’d this year.  Now Navy Times has obtained a copy of documents related this case which appears to include a copy of the command investigation. The arrival of a birthday card…

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More searching privacy

Courtesy of fourthamendmentlaw.com here is an interesting summary of search  law from the Oregon Federal Public Defender. First he acknowledges that a persons privacy right has been restricted over the years and with the advent of technology privacy may get harder to protect. A. Introduction The revolution of the Warren…

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LTC Lakin sitrep

It appears that LTC Lakin may be feeling victimized?  safeguardourconstitution reports: In facing court-martial, LTC Lakin is just the latest victim of the determined effort of the President not to provide simple proof of his eligibility under the constitution to hold office. Thanks Dr. Conspiracy for catching that.

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Up periscope (incl MAJ Hasan sitrep)

Military.com reports: A US special forces member suspected of having accidentally killed a British aid worker held hostage in Afghanistan could face disciplinary action, officials said Thursday. Reuters reports that: Col. James Pohl, the presiding officer at Hasan’s hearing, denied a request from Hasan’s lawyers to delay the Article 32…

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