Close

Court-Martial Trial Practice Blog

Updated:

LTC Lakin sitrep

This is the 13th day that APF (safeguardourconstitution), LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,”  “Judge to Rules (sic) . . ..” This is the 13th day that LTC Lakin and his team have failed to file a…

Updated:

Diamond petition filed

The CAAF Daily Journal for 14 September 2010 notes the filing of a petition for review by John M. Diamond. Here is a FayObserver.com piece which documents some of the history of this case, including Michelle Theer’s abortive efforts to get a new trial. According to court documents, witnesses for…

Updated:

Up periscope

This is the 13th day that APF (safeguardourconstitution), LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,”  “Judge to Rules (sic) . . ..” SLDN reports: Servicemembers Legal Defense Network (SLDN), a national, legal services and policy organization dedicated to…

Updated:

MAJ Hasan sitrep

WFAA.com reports that: Fort Hood shooting suspect Maj. Nidal Hasan’s attorney tells News 8 he will ask a military judge Thursday morning to close the upcoming Article 32 Hearing for his client to the public and press. “I think it’s necessary to ensure he can eventually get a fair trial…

Updated:

AFCCA denies a new trial

The Air Force Court of Criminal Appeals has issued an opinion in United States v. Hull. The issues on appeal are: whether the staff judge advocate (SJA) erred by advising the convening authority (CA), pursuant to Rule for Courts-Martial (R.C.M.) 1106, that no new trial was warranted and whether the…

Updated:

ACCA on post-trial honorable discharges

Here is a link to United States v. Brasington., decided 13 September 2010.  It is not unusual for an appellant to be issued a DD214, Honorable Discharge, sometime after a court-martial at which the appellant was adjudged a punitive discharge. In this case, we are asked, following remand, whether an…

Updated:

Padilla in practice

Here is a training video and handouts from NACDL.  This may be helpful with your junior enlisted court-martial clients who are foreign nationals. In Padilla v. Kentucky, the Supreme Court held that defense lawyers must affirmatively and correctly advise their clients about the immigration consequences of entering a plea and…

Updated:

LTC Lakin sitrep

This is the 12th day that APF (safeguardourconstitution), LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,”  “Judge to Rules (sic) . . ..” The Post & Email reports today, submitted by Maj. Gen. Vallely: The current Lakin defense strategy…

Updated:

Urinalysis cases

In two days CAAF has granted two urinalysis cases citing to Melendez-Diaz.  Note Blazier is still undecided.  In the Air Force case the defense did not object, in the Navy case the defense did object. No. 10-0668/AF. U.S. v. Jerrod D. NUTT. CCA S31600. Review granted on the following issues:…

Updated:

False confessions

New York Times has this good short piece about false confessions. New research shows how people who were apparently uninvolved in a crime could provide such a detailed account of what occurred, allowing prosecutors to claim that only the defendant could have committed the crime. An article by Professor Garrett…

Contact Us
Start Chat