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Court-Martial Trial Practice Blog

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CAAF and Abu Ghraib

CAAF has decided two cases related to Abu Ghraib:  United States v. Harman, and United States v. Smith. The issue in Harman was factual sufficiency and the conviction and sentence was affirmed. Appellant admitted to investigators that she took a new detainee, who had been placed on a box with…

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917 on steroids

In 1988 the Court of Military Appeals decided Griffith.  I have used the case from time to time, not often successfully.  But here is a recent example of what I call 917-on-steroids.  I was pleasantly surprised that it was the judge who first raised the Griffith possibility. R.C.M. 917 allows…

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Up periscope – WE300110

The Army has charged an Illinois National Guardsman in Afghanistan with possession of child and adult pornography, and his family has come to his defense, arguing that he was the target of a personal vendetta. Army Times reports.  This is an ongoing case that started because the kids mother sent…

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Up periscope

I have commented before about suicides and military justice, Military Suicides. Marine Capt. Michael A. Webb has died of an apparent suicide in the brig at Quantico while awaiting court martial, a base public affairs officer said Tuesday. Inisde NoVa reports. Army investigators have charged a 22-year-old Fort Bragg soldier…

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Military, drugs, and sports – lots of tolerance

I have often wondered about how sports players get breaks regular people don’t.  This applies within the military just as much as in the civilian community.  Hypocrisy rains in the name of sports. A Naval Academy football player is being permitted to continue as a midshipman even after testing positive…

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Collateral consequences – sex offenders

Haven’t posted on this for a while.  There’s a lot going on out there in terms of state and federal litigation.  A significant issue relates to the types of restrictions on a sex offender. So, what are the limits on computer and technology use for those convicted of sex offenses?…

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Major Hasan – R.C.M. 706 update

Army officials agreed to delay a mental evaluation for the man suspected of going on a shooting spree at Fort Hood until after a military court hearing that will determine if he will stand trial, his attorney said Wednesday. Houston Chronicle.com reports. Lamb denied a request for civilian mental health…

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