Court-Martial Trial Practice Blog

I posted several pieces about the Navy and relief’s for cause in the last few weeks – here. Well here at two more: another Norfolk CO, and another Bangor bubblehead.

Courtesy of FourthAmendment.com here is a good case to know about. Defendant and his wife got into a domestic dispute, and she called the police to tell them about his illegal firearms. They came to the scene and she consented to the search. He was there and vociferously objected. The…

Marine Corps Times reports: A Marine Corps attorney says his vigorous defense of a terrorism suspect held at the Guantanamo Bay detention camp delayed his promotion by three years. Now he is taking the Navy to court alleging that he was punished for doing his job. Go Dan!

The Chronicle reports: Barbara (Obremski) Allen, widow of Chester native First Lt. Louis Allen, will host a book-signing of her new release “Front Toward Enemy” On Saturday, Oct. 23 from 3-6 p.m., at John S. Burke Catholic High School in Goshen. When Lt. Allen was murdered in Iraq in 2005…

We regularly get reports from clients and their families about being harassed by NCIS, CID, CGIS, OSI.  In general what the client is reacting to is the law enforcement fishing expedition.  During a law enforcement fishing expedition.  This law enforcement fishing expedition is where they go around to friends and…

There has been some reporting that the number of Detached for Cause (DFC, Relief for Cause) in the Navy are up this year over past years.  Here are some more.  Actually I almost missed one.  I had this ready to post last night and didn’t so today I was able…

Mary D. Fan (University of Washington – School of Law) has posted The Police Gamesmanship Dilemma in Criminal Procedure (UC Davis Law Review, Forthcoming) on SSRN. Here is the abstract: Police gaming of the rules is a perennial challenge for constitutional criminal procedure, leading to twists and hazard zones in…

Couple of new NMCCA decisions on some court-martial appeals. United States v. Soucie.  In this case NMCCA decides that the military judge failed to adequately inquire into  a duress defense on providency. The accused raised six errors and the NMCCA specified an additional error.  The government agreed that a charge…

I posted that Mr. Galligan had sought to have the Hasan Article 32, UCMJ, hearing closed to avoid media attention. Dallas news reports. A hearing outlining evidence against U.S. Army Maj. Nidal Malik Hasan in last year’s massacre at a soldier readiness center should be public, a military official ruled…

Here is Professor Friedman’s post about Briscoe. The Virginia Supreme Court today issued its decision in Briscoe on remand from the United States Supreme Court.  . The court held that the former Virginia statutory scheme (under which the defendant had to call a lab analyst as his witness if he…