Gazette.com reports that: An Army prosecutor Tuesday opened the trial of an Iraq war veteran by accusing him of the “ultimate betrayal” — raping a comrade’s wife. Spc. Philip C. Vermeiren, 28, is accused of assaulting the woman early Oct. 31 during an alcohol-fueled party at the Fort Carson apartment…
Court-Martial Trial Practice Blog
Forensic science?
This is likely a duplicate post, but it’s worth it anyway. Here again is a piece from my old Crim. Law prof about forensics. Paul C. Giannelli (Case Western Reserve University School of Law) (University of Illinois Law Review, Forthcoming, Case Legal Studies Research Paper No. 2010-6) has posted Daubert…
SEAL case update
Petty Officer Keefe’s trial is scheduled to commence in Iraq on 17 April 2010. Here is an excellent review, by Dwight “ML” Sullivan at CAAFLog on the political posturing, pseudo-lawyering, and plain gaffs about these cases. First SEAL prosecution imminent It is my recollection that I learned about the Know…
Hasan update 5
TDTNews reports that: Major Hasan may not have been transferred from hospital yesterday as thought was planned. Mr. Galligan’s chief complaint is a lack of a mitigation specialist assigned to the defense prior to the Article 32, UCMJ, hearing.
Google goes ga ga
With all of the hype about Google in China it appears they have decided to change their logo to avoid Chinese intelligence agents. Google’s explanation is rather odd. Early last month the mayor of Topeka, Kansas stunned the world by announcing that his city was changing its name to Google.…
Hasan update 4
Fox11.com reports that: Major Hasan is on his way from hospital to Belton jail where he will be housed at an approximate cost of $206K. He is wheelchair bound – question, is he a flight risk? [T]he Army is erecting a 15 foot fence around the courthouse in Ft. Hood…
Search & seizure
Here’s a case from New Jersey of some interest, Stengart v. Loving Care Agency, Inc., 2010 N.J. LEXIS 241 (March 30, 2010). [W]e find that Stengart had a reasonable expectation of privacy in the e-mails she exchanged with her attorney on Loving Care’s laptop. Stengart plainly took steps to protect…
Up periscope
eNews Park Forest reports. Last August, Travis Bishop refused to serve in Afghanistan. Having filed for Conscientious Objector (CO) status, Bishop, based at Fort Hood, Texas, in the US Army’s 57th Expeditionary Signal Battalion, was court-martialed and sentenced to 12 months in a military brig. He was released from the…
Supremes on Padilla v. Kentucky (and Denedo?)
The Supreme Court has issued an opinion in Padilla v. Kentucky, which addresses the duty to inform a client of the collateral consequences of the conviction on their immigrant status. I have posted on this in connection with United States v. Miller, 63 M.J. 452 (C.A.A.F. 2006) and other cases:…
Off we go – another birther case
Family Security Matters reports: A decorated active duty Army medical officer, Lieutenant Colonel Terry Lakin (selected for promotion to Colonel), is calling upon his chain of command and his Congressional delegation to force President Obama to release his original birth certificate. He is the highest ranking officer to go public…