Temple Daily News has this odd report concerning John Galligan. A child molestation case in the Bell County court system more than a decade after the military closed it out took a bizarre turn Friday when a judge ruled the defense attorney must be removed because he could be a…
Court-Martial Trial Practice Blog
New Army Lawyer
Here is a link to the July Army Lawyer. “I Won’t Participate in an Illegal War”: Military Objectors, the Nuremberg Defense, and the Obligation to Refuse Illegal Orders United States v. Blazier: So Exactly Who Needs an Invitation to the Dance? Substantive Crimes and Defenses Lesser Included Offenses Update: United…
Man sentenced to military after making threat
That is the headline from the Navy Times: A judge has sentenced a former university student to join the military for a post he made on Facebook that led to a lockdown at Faulkner University here. Zachary Lambert, 23, agreed to plead guilty to the misdemeanor charge of harassing communications…
More bulk prosecutions?
Yesterday I posted a Ramrod Five update and also the possibility that Dutch prosecutors may proceed against peacekeepers. Now UPI is reporting that: A military prosecutor says she may pursue charges against several Australian troops in a raid in Afghanistan last year in which five children died. Brig. Lyn McDade,…
Ramrod Five update 5
According to the Olympian: A total of 12 soldiers from Joint Base Lewis-McChord face charges in a widening web of alleged misdeeds and conspiracy from their yearlong deployment to Afghanistan. . . . The seven new defendants were charged this month with 33 charges, with the common thread being conspiracy…
Investigator context testimony
I have been routinely filing a motion in-limine in cases where I expect the prosecution witnesses, typically law enforcement or DFAS, to be providing context testimony. There are several bases to object: hearsay is bootstrapped, there is implied human lie detector testimony, there are Mil. R. Evid. 701 fact wrapped…
Ex-Contract Killer Charged With ID Theft
WHBL News Radio has this interesting piece. Kurtis Armann was paroled from a federal prison in Ohio last year. U.S. Marshals arrested him in Brookfield in January – and they said they found driver’s licenses and an Army Reserve ID which Armann allegedly used to make fraudulent purchases. When he…
Ramrod Five update 4
Military.com reports: Last December, Army Staff Sgt. Calvin Gibbs began joking with other Soldiers about how easy it would be to “toss a grenade” at Afghan civilians and kill them, according to statements made by fellow platoon members to military investigators. . . . The Seattle Times has reviewed court…
Up periscope
Huffington Post is reporting on the Toussaint case. A senior chief who was censured by the Secretary of the Navy for hazing sailors under his command may retire with a full pension, Navy officials say. Since it was announced last October, the terms of Michael Toussaint’s retirement have come under…
Sounds familiar
Military courts martial do not sacrifice fairness Re: Military justice system was not fair to Semrau, THE OTTAWA CITIZEN AUGUST 9, 2010 Aug. 4. I wish to clarify some misconceptions about the roles and responsibilities of the key actors at a court martial and illustrate that courts martial are indeed…