News8Austin reports: Next Thursday Maj. Hasan’s pretrial investigation, Article 32 hearing will reconvene. According to officials, the session is called a Status Conference Hearing and will address additional preliminary measures. Officials say no witness testimony will be heard during this portion of the hearing. The Article 32 hearing will be…
Court-Martial Trial Practice Blog
LTC Lakin sitrep
Navy Times reports: The combat systems officer of the destroyer Cole is back on duty this week after he was arrested in a courtroom outburst over a disputed traffic ticket in Portsmouth, Va. Lt. Timothy Barry appeared in court to challenge a speeding ticket, but the proceedings started off bad…
Denedo sitrep
It appears that Denedo’s case is over. On 8 September 2010, the Court of Appeals for the Armed Forces, with C.J. Effron and J. Baker dissenting, denied the filing of a writ appeal petition out of time. The majority writes: In support of the motion for leave to file writ-appeal…
Ramrod Five sitrep 8
Here is a link to some of the charge sheets through The News Tribune.
Judge, Jury, And Interrogator
Is how one of my favorite evidence blog prof’s describes a First Circuit case. I have previously commented on the issue in relation to MJ McDonald’s Army Lawyer article. Federal Rule of Evidence 605 provides that The judge presiding at the trial may not testify in that trial as a…
Ramrod Five sitrep 7
More stories are coming out about what the accused’s are alleged to have done in regard to trophies. Here is a military.com piece: The father of a U.S. Soldier serving in Afghanistan says he tried nearly a half dozen times to pass an urgent message from his son to the…
Pending NMCCA argument
For various reasons the issue of homosexuality and DADT has been in the news for a while. The results of the various surveys to servicemembers and familys are still pending. Tomorrow, NMCCA will hear oral argument in United States v. Hayes: I. WHETHER THE MILITARY JUDGE’S COMMENTS ON THE RECORD…
Ramrod Five sitrep 6
The Guardian (UK) has this report: Twelve American soldiers face trial over an secret "kill team" that allegedly blew up and shot Afghan civilians at random and collected their fingers as trophies. Five of the soldiers are charged with murdering three Afghan men who were allegedly killed for sport in…
Coast Guard boating collision update 3
San Diego Online has this short piece on the Coast Guard boating case and the ongoing Article 32, UCMJ, hearing which began today. Lawyers for the driver of a Coast Guard boat that killed an 8-year-old San Diego boy in December said the Coast Guard is prosecuting Petty Officer 3rd…
CAAF opens up
Here are some interesting tidbits from the CAAF orientation session for new attorneys courtesy of NIMJ.blog. As for the rules changes, a big (and quite welcome, in my opinion) change is the new system in which nearly all CAAF pleadings are eligible for electronic filing. Be sure to redact privacy/sensitive…