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Court-Martial Trial Practice Blog

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Hasan update

I posted yesterday a couple of items where Mr. Galligan indicates he’s been given notice that the prosecution intends seeking the death penalty in the Hasan case.  He’s wrong, but not wrong.  It’s a question of terminology and reality. Here is a quick note from KWTX.com: FORT HOOD (April 30,…

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Hasan update

Here are some links to reports that the prosecution will seek to provide death penalty related information to the Article 32, UCMJ, IO. AP: Stars & Stripes: Army prosecutors have sent a notice that they plan to seek the death penalty against Maj. Nidal Malik Hasan, accused of the Fort…

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NMCCA decision

United States v. Holmes. On direct appeal the NMCCA set aside the original findings of guilty to negligent homicide and the sentence. A rehearing on sentence was authorized for the remaining guilty finding of false official statement. The CA found a rehearing was impractical and approved a punishment of “no…

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Defense counsel release from a case

An accused has a limited right to counsel in the military.  A very common event for defense counsel is PCS, release from active duty, and orders to deployment.  Marine Corps Times reports: A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of…

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Behenna status

Main Justice reports: A high-profile appeal of an Army First Lieutenant convicted last year of killing an unarmed detainee in Iraq could turn in part on whether military prosecutors withheld exculpatory evidence. [The] case underscores how the government is being forced to explain, in the military courts as well as…

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LTC Lakin update

Should you want to follow the case – from a defense perspective – here are the three most common websites to follow. WorldNetDaily.  This piece about commentary from MG Paul Vallely, USA, appears to be the latest piece:  “Retired Army general: LtCol Lakin has a ‘valid point.’ The filing of…

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Hamdaniya accused gets temporary reprieve

An accused has a limited right to counsel in the military.  A very common event for defense counsel is PCS, release from active duty, and orders to deployment.  Marine Corps Times reports: A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of…

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LTC Lakin update

The safeguardourconstitution.com website has posted the charge sheet for LTC Lakin. WND reports that: The filing of charges may, however, be part of the still-unrevealed strategy Lakin and his legal counselors are pursuing. Not sure what “strategy” there is in making sure your client announces he will commit an offense,…

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LTC Lakin update [corrected]

TPMMuckraker reports: Appearing on the G. Gordon Liddy radio show today, the attorney for Lt. Col. Terrence Lakin, the Birther Army doctor who is said to be facing a court martial for refusing orders, suggested that if his client is court-martialled, he will use discovery to try to further the…

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