Army Times reports: A military officer has ordered a mental evaluation for the suspect in the November Fort Hood shootings before a key hearing next week. Earlier this year, Army officials appointed a three-member board of military mental health professionals to determine whether Maj. Nidal Hasan is competent to stand…
Court-Martial Trial Practice Blog
Coast Guard small boat collision
AP reports: A U.S. Coast Guard investigating officer has found no legal justification for the deadly collision of a Coast Guard boat with a smaller vessel in San Diego Bay that killed an 8-year-old boy, the Los Angeles Times reported Monday. San Diego 6 reports: [The] investigating officer has rejected…
AFCCA on a Art. 62 petition and witnesses
AFCCA issued an opinion in United States v. Rettinghouse today. It was an Article 62, UCMJ, appeal, with some teaching points. I note this issue arose because of – yes – trial counsel discovery violations, and then a refusal to accede to the judge’s remedy of producing witnesses for the…
Up periscope
The Seattle Times reports (on a Ramrod Five/Stryker Brigade case): The Army has postponed a hearing that had been scheduled for Tuesday for Staff Sgt. David Bram, who faces charges of conspiracy, striking another soldier, cruelty, dereliction of duty and impeding an investigation while serving in southern Afghanistan. Military.com reports…
Supremes and Neal
Thanks to DMLHS who pointed out that Neal was also denied today along with Loving.
Supremes deny Loving petition
No. 08–1476. Dwight J. Loving, Petitioner v. Department of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Page 183 here.
LTC Lakin sitrep – more “huge news”
The APF website is back up! The American Patriot Foundation is pleased to announce that LTC Lakin has repositioned his forces, has retained new legal counsel, and is extremely grateful that the Foundation will be dedicating the critical next few weeks before his planned court-martial on November 3-5, to focusing…
Security clearances, etc.
Here is a case of interest for those who do security clearance work. As part of that practice it’s not unusual to have a civilian employee or contractor with a position of public trust issue or background investigation and an SF85. CAC cards don’t always get issued without a favorable…
NMCCA unpublished op. on “immunity”
United States v. Sagona, sentenced at court-martial on 8 May 2008, appeal decided 30 September 2010. The issue was IAC of trial defense counsel who allegedly failed to investigate and advise on a potential defense of immunity. R.C.M. 704 covers the issues of immunity, tempered by case law. Basically only…
LTC Lakin sitrep 12
With LTC Lakin’s change in civilian counsel the question is, who will pay his legal fees. The APF said this up until the item was removed (mostly) from the web: American Patriot Foundation’s Legal Defense Fund will pay for all of LTC Lakin’s attorneys fees and costs, and so we…