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Court-Martial Trial Practice Blog

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Back to real law

Here is an interesting technology case from the Third Circuit as reported by the Wall Street Journal blog. Technology has made it increasingly easy for the government to track an individual’s whereabouts. But on Tuesday, a three-judge panel of the Third Circuit ratcheted back the government’s surveillance power, finding that…

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Up periscope

North Country Times and Marine Corps Times report: [T]he trial for Staff Sgt. Frank Wuterich was delayed until Nov. 1 because a key prosecution witness, a Naval Criminal Investigative Service agent, had a bad accident and is recovering from surgery. Air Force Times reports: The Minnesota National Guard says one…

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More on LTC Lakin from the motions hearing – IV

And now for the political question doctrine. See fn. 2., I believe at one point Mr. Jensen was complaining that the military judge wasn’t going to apply any “civilian” cases.  See fn. 3., for the judge’s rather sparse treatment of the de facto officer doctrine.

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More on LTC Lakin from the motions hearing

I posted a tease here, and it didn’t take long for Dwight “My Liege” Sullivan to crack the code. In other words, Judge Lind used the word “embarrassment” in precisely the political question doctrine context (and using almost exactly the same words) as CAAF in New and the Supremes in…

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Should LTC Lakin be embarrassed?

Some reporting of last weeks Article 39(a), UCMJ, hearing appears to attribute the military judge’s ruling to a desire to save the president embarrassment. I believe this is a gross distortion of a small part of what the military judge said.  I was there and heard her read her findings…

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Humor in military uniform law

Here is a link to the 3 September 2010 Federal Register for the recent MCM amendments signed by The President. And the humor you say – – – – Hat tip to Native and Natural Born Citizenship Explored blog (a not a birther blog).

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Coast Guard boat crash update

San Diego online reports: Three San Diego Coast Guard boat crew members will face the military version of a preliminary hearing beginning Tuesday for the Dec. 20 crash that killed an 8-year-old Rancho Peñasquitos boy. The top charge, involuntary manslaughter, is against Ramos. Howell and Rasmussen are charged with negligent…

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Up periscope

Navy Times reports: The Navy says it’s unlikely to charge the parent who ran over and killed a 2-year-old at Norfolk Naval Station. But NCIS is still investigating. FindLaw Blotter reports: Walking down the drink aisle of the supermarket can be a daunting experience as the number of options seem…

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