In the United States v. Jones the facts cited by the court show a consent defense. However the defense counsel did not request an instruction on the affirmative defense and the military judge did not give one. There being no evidence of an affirmative waiver the findings and sentence were…
WOKV.com reports: The NASA astronaut who made international headlines after attacking a romantic rival with pepper spray at the Orlando International Airport in 2007 spent Thursday in a military courtroom at Naval Air Station Jacksonville. The government is asking a Navy review board to recommend discharging Captain Lisa Nowak and…
World News Daily reports: A reported threat by a senior Army officer to "Taser" another officer on trial for challenging Barack Obama’s eligibility to be president could be a serious "command influence" issue that could taint the case, according to an expert. Here is the Greeley Gazette article referred to:…
Huffington Post has a piece about MEJA. In the perpetual debate over legal accountability of, and prosecution if necessary, of private military and security contractors one often sees the arguments reduced to two simplistic arguments. PMSC opponents argue the contractors argue in a legal vacuum and with utter impunity. This…
TPMMuckracker his this update, on the alleged “threats” from LTC Brodsky. Late Update: Margaret Hemenway of the American Patriot Foundation told TPM that the account of Brodsky’s comment and Lakin’s response came from Lakin himself. “It’s bizarre,” she added of Brodsky’s “threat,” and “looks very bad.” Hemenway continued that they’re…
World News Daily has a piece on LTC Lakin and his radio inteview with G. Gordon Liddy. Here are a couple of interesting points from the article. “We are today (12 August 2010) officially requesting that discovery,” Jensen said. “If the government refuses to give it to us, then we…
Military.com reports: The commanding officer of the Little Creek-based amphibious dock landing ship Gunston Hall was relieved of command Thursday after an investigation into allegations of sexual harassment, simple assault and conduct unbecoming an officer. Navy Times adds additional information: The skipper of the dock landing ship Gunston Hall was…
Note to file. Don’t spend time gossiping with Dwight while burglars are having their way in your house. It’s not helpful or conducive to a good day and it interferes with blogging. Second note to file: send thank you to ADT (a la USAA) for an efficient alarm system, and…
The new issue of The Jury Expert is available online. Sara Struckman, The Articulation of Lynndie England to Abu Ghraib: Gender Ideologies, War, and the Construction of Reality, 11 J. Magazine & New Media Research 1 (Spring 2010). Marco Odello, Tackling Criminal Acts in Peacekeeping Operations: The Accountability of Peacekeepers,…
Here is a piece by Eric R. Carpenter, an Army judge advocate. Applying the Capital Jury Project Findings to Court-Martial Practice, Army CGSC, Fort Leavenworth, 11 June 2010.