The Miami Herald reports that: A South Carolina congressman said Friday that five Muslim soldiers at Fort Jackson, S.C., had been removed from active duty, and four of them discharged from the Army, in connection with an ongoing probe into alleged threats to poison food at the large South Carolina…
Court-Martial Trial Practice Blog
Up periscope 19
WRAL.com reports that members selection has begun in the Hennis court-martial. x reports that the military judge has declined to delay trial pending the outcome of Hennis’s District Court jurisdictional case. Navy Times reports: The skipper of Naval Air Station Pensacola, Fla., was temporarily relieved of command Friday for “inappropriate…
Major Hasan update
The Temple Daily Telegraph reports that: Defense attorney John Galligan said Friday that accused Fort Hood shooter Maj. Nidal Hasan could be back in Bell County as early as Monday. Hasan was notified Thursday that the therapy he was receiving at Brooke Army Medical Center in San Antonio was officially…
CAAF and Article 62 appeals
CAAF has issued an opinion in United States v. Bradford, a government appeal of a pretrial ruling. The appeal was on a military judge declination to pre-admit a Lab Package in a urinalysis case. AFCCA had no trouble saying that a declination to pre-admit evidence is appealable. CAAF had no…
New Army Lawyer
Now online, the January 2010 Military Lawyer. This is a civil law issue.
Major Hasan update
The Article 32, UCMJ, hearing has been rescheduled for 1 June 2010. KWTC.com reports.
Supreme Court “Miranda” cases
The court has decided Maryland v. Shatzer (background documents on SCOTUSWiki here ) and also Florida v. Powell (background documents on SCOTUSWiki here). Both cases relate to “Miranda” rights and confessions. In Powell, the issue was how much detail must go into a “Miranda” warning in order to be sufficient,…
CAAF issues two decisions
United States v. Douglas. This is a UCI case. The military judge found UCI and then crafted a remedy. The issue on appeal related to the appropriateness of the remedy and whether or not the appellant had accepted the remedy and actively participated in the remedy. The AFCCA decision was…
Coast Guard appellate case of interest – and providency
Is a false marriage certificate to claim otherwise unauthorized allowances an official document? No, it would be the presentation of that document as showing an entitlement that is the false statement, not the marriage certificate itself. The court also found the appellant’s plea to a conspiracy to commit a false…
Up periscope WE210210
Pilot Online reports: Five sailors could offer testimony contradicting the government’s main witness in the controversial prosecution of three Navy SEALs accused of mistreating a suspected Iraqi terrorist. But whether they’ll take the stand is in question after the government denied their requests for immunity on Friday. As military justice…