CAAFLog reports: Sens. Leahy and Kaufman and Rep. David Price introduced companion bills in the Senate and House titled the “Civilian Extraterritorial Jurisdiction Act” (CEJA?), on Feb. 2, 2010. H.R. 4567 and S. 2979 create a new section 3272 in title 18.
Court-Martial Trial Practice Blog
Major Hasan update
[L]ate Friday afternoon, the Army said the hearing has been moved to June 1 in response to a defense request. KWTX.com reports. Although they still persist in referring the to Article 32, UCMJ, hearing as equivalent to a grand jury.
UA mom
Both Hutchinson and her civilian attorney, Rai Sue Sussman, are happy with the results. In a press release from Sussman’s office, Hutchinson said that she is "excited to know what will happen to me, and that I am not facing jail. “Alexis is pleased because she now will have closure…
Major Hasan ripples
The military will formally discipline at least six officers, mostly from Walter Reed Army Medical Center in Washington, for failing to take action against the officer accused of carrying out last year’s deadly shooting rampage at Fort Hood, according to people familiar with the matter. In announcing the findings, Defense…
Mother accepts discharge in lieu of trial
An Army specialist who refused deployment to Afghanistan because no one was available to care for her infant son in her absence has agreed to leave the military instead of facing a court-martial, service officials said. As part of the agreement 21-year-old Spc. Alexis Hutchinson will be stripped of her…
Pantano for Congress
Three Republicans are vying for the nomination to run for the seat and all three are military vets — but only one has the kind of star power that comes with a personal story that extends from Hell’s Kitchen in Manhattan to the fast-money world of Wall Street, and includes…
Collateral consequences
The 8th Circuit Court of Appeals considers a conviction of “housebreaking,” under Article 130, UCMJ, to be a crime of violence for firearms possession charges in federal district court. We frequently are asked by clients if they can still own a firearm. The answer is a very nuanced one, as…
Major Hasan update
The military will formally discipline at least six officers, most from Walter Reed Army Medical Center in Washington, for failing to take action against Fort Hood gunman Nidal Malik Hasan, according to people familiar with the matter. Officials said the move reflects the military’s belief that the Nov. 5 assault…
Crawford, Melendez-Diaz, Briscoe – and now Pendergrass v. Indiana
Here is a link to the full cert petition in Pendergrass v. Indiana. The question presented is: Whether the Confrontation Clause permits the prosecution to introduce testimonial statements of a nontestifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the…
Breaking news on Breaker Morant
Remember those NJS days, and at other military justice seminars – scenes from Breaker Morant (the movie), and discussion. A PETITION for the pardon of Harry ”Breaker” Morant and Peter Handcock, Australian soldiers executed by the British for the murder of prisoners in the dying days of the Boer War,…