the log (California’s Boating & Fishing News) reports: The Coast Guard has ordered three petty officers to stand trial in a San Diego Bay crash that killed an 8-year-old boy during a holiday boat parade, an official said Oct. 6. Rear Adm. Joseph R. Castillo, commander of the 11th Coast…
I happened to have business at MDW today so I stopped by to take LTC Lakin’s pulse for his upcoming court-martial and watch today’s Article 39(a), UCMJ, session. The writ was denied today. A straight line standard denial [thanks to CAAFLog for a copy]. 1. Mr. Jensen was excused from…
curiouser and curiouser, the Houston Chronicle reports: Army Col. James Pohl he told the defense it could put its arguments for the continuance into writing rather than air them in court. Defense attorneys did not want to explain their reasons publicly. "I believe that would protect your client’s interest," Pohl…
safeguardourconstitution has this item: Next court event: Wednesday, October 13 at Ft McNair- 12:00 pm Wednesday’s court appearance will address LTC Lakin’s change of counsel and should be only a brief session. Fort McNair is located at 4th and P streets, SW, near the Waterfront/Marina. Some landmarks are the Waterfront…
Mercury News reports: A military hearing to determine whether an Army psychiatrist should go to trial for a deadly shooting rampage at Fort Hood was abruptly adjourned Tuesday when defense attorneys asked for a nearly month long delay.
Today the court will hear oral argument in Premo v. Moore, a case with potential ramifications for court-martials. Courtesy of SCOTUSBlog here is a summary: The Sixth Amendment secures a criminal defendant’s right to effective assistance of counsel. Under Strickland v. Washington (1984), that right is violated when a lawyer’s…
Lots of political rhetoric, name calling, and pithy evaluations continue about this court-martial case. But putting the chaff aside there have been and can be a number of teachable moments. It is unclear what role if any APF will continue to have in this case. The website and a recent…
Huffington Post has this piece about PMC’s and the UCMJ. It is common to complain that the while the use of private military contractors (PMC) has grown rapidly in the past decade, the legal apparatus to hold them accountable has failed to keep pace. But that is not as true…
In a court-martial under the court-martial UCMJ setting, can a PTA bind the prosecution/convening authority to something he or she has no control over — generally the conditions of confinement. There’s a teachable moment here for the court-martial practitioner. Air Force Times reports: The attorney for a former al-Qaida cook…
Courtesy of Karen Franklin’s blog: The defense team for Army psychiatrist Nidal Malik Hasan has retained prominent forensic psychologist Xavier Amador. The New York-based expert has been involved in several high-profile cases involving the military, including those of PFC Lynndie England (of Abu Ghraib infamy) and U.S. Army sergeant Hasan…