United States v. Bond. Before this court, Appellant has assigned the following errors: I. The military judge erred when he denied the defense motion to dismiss Charges I and III for prior jeopardy. II. An unsuspended bad-conduct discharge is an inappropriately severe punishment for the crimes of which Appellant was…
Court-Martial Trial Practice Blog
Hasan update
MySAnews reports that: Army Maj. Nidal Malik Hasan, charged in November’s shooting rampage at Fort Hood that left 13 people dead and 32 others wounded, will be moved from San Antonio to a county jail near the military post. Bell County Sheriff Dan Smith issued a statement Monday, saying Bell…
Up periscope WE200310
Rapid City Journal reports that: Government prosecutors dismissed sexual assault charges against an Ellsworth Air Force Base airman when the alleged victim did not appear at an Article 32 hearing for Sr. Airman Vinicus Santana on Tuesday. Santana is scheduled for a court martial on April 20 for a shooting…
Search Incident to Arrest
Thanks to Fourthamendement.com, here is an article about Arizona v. Gant. Arizona v. Gant: Does it Matter? by Barbara E. Armacost of the University of Virginia School of Law in 2009 S.Ct. Rev. __ (2010). And from the abstract: Prior to the Supreme Court’s recent opinion in Arizona v Gant,…
Near collision at sea?
Militarycorruption.com has some lengthy pieces about the USS COWPENS and its former CO. Here is an interesting theme to go with the picture: Holly Graf, the female "Captain Bligh," is highly disliked and even hated by many Navy women. They feel the foul-mouthed martinet, relieved of command of the USS…
Crime Labs
I’ve posted before about issues with forensic testing and police controlled laboratories (including military drug testing laboratories). Here is an article from my old crim law professor, a former Army JA. You’ve also heard me frequently talk about confirmatory bias in regard to police investigations and other investigations. Paul C.…
New Navy judges
Thanks to CAAFLog for a list of potential new Department of the Navy MJ’s. Maj Troy H. Campbell, USMC, CDR Robert J. Crow, JAGC, USN, CAPT Terry C. Ganzel, JAGC, USNR, CDR George Glenn Gerding, JAGC, USNR, CDR John S. Han, JAGC, USNR, CDR Donald C. King, JAGC, USN, CDR…
Wuterich update
Military.com reports that: A four-star general will testify at a pretrial hearing in the biggest criminal case against U.S. troops to arise from the Iraq war, a Marine Corps spokesman said Thursday. Gen. James Mattis is scheduled to address a military judge Monday on a defense motion to dismiss charges…
NMCCA decides Denedo
NMCCA has it’s opinion in United States v. Denedo, the petition for error coram nobis that his been winding its way through the courts, include the United States Supreme Court. Essentially the court finds that even if there were IAC, petitioner has not established prejudice. Back to CAAF? As it…
The next SCOTUS Justice?
How appealing refers to: A case the U.S. Supreme Court has taken up over a Christian group’s challenge to UC Hastings College of the Law’s nondiscrimination policy for student groups could end up influencing the political debate over a possible vacancy on the court this summer. In many ways, the…