You’ll remember some time ago now that a suspect was arrested trying to visit Major Hasan while in hospital. A Texas man accused of saying he legally represented alleged Fort Hood shooter Nidal Malik Hasan is bipolar and was off his medication, his lawyer said. Senan Kahtan Abrahem of San…
Court-Martial Trial Practice Blog
Major Hasan update
An attorney for the Army psychiatrist accused of going on a shooting rampage at Fort Hood said Monday he wants his client’s mental evaluation delayed, citing a potential conflict of interest with the exam panel. Army officials previously appointed a three-member board of military mental health professionals to determine whether…
Up periscope
I’m traveling to the USDB (and get to come home), so here are some hits. I follow fourthamendment.com blog every day. Here is part of his reference to Huntzinger, and CAAF’s pending oral argument. Don’t expect a decision in a while. I’ve always been intrigued by the quality of opinions…
Briscoe-Melendez-Diaz-Crawford
Well, that may be anti-climatic? I think the Supremes punted. Here’s a link to the Briscoe memorandum opinion, more later. PER CURIAM. We vacate the judgment of the Supreme Court of Vir-ginia and remand the case for further proceedings not inconsistent with the opinion in Melendez-Diaz v. Massa-chusetts, 557 U.…
Up periscope – Weekend Edition 320110
Fort Lewis case of the soldier accused of causing the death of his 16 year old girlfriend with a drug overdose. A 20-year-old Fort Lewis soldier has been found guilty of involuntary manslaughter in the overdose death of his 16-year-old girlfriend in his barracks. A military judge ruled Friday that…
Up periscope
Here’s a catch-up on some recent news items. CAAF, ACCA, and CGCCA have issued some published opinions. Thanks CAAFLog for the following items on cases. United States v. Franklin, __ M.J. ___, No. ARMY 20090035 (A. Ct. Crim. App. Jan. 20, 2010) (per curiam). The opinion is available here. On…
Stolen Valor – an interesting twist – It’s protected speech
A challenge to the Stolen Valor Act is being made based on the First Amendment. Rick Strandlof may have lied about being a decorated Iraq War veteran, but those lies are protected by the First Amendment, according to his attorney and a civil liberties organization. Would you trust this man…
Up periscope – 190110
Army authorities are now claiming that Galesburg soldier Spc. Billy Miller had [AP] on his computer as well as alleged [CP] . Miller’s tour in Afghanistan has been involuntarily extended by the army while it investigates charges of possession of [CP] and failing to obey a general order. . .…
Shaken baby syndrome
Does it exist or not. Here are a couple of news articles about a pending case in Fairfax, VA. Shaken baby syndrome itself is put on trial in Fairfax court Shaken-baby syndrome at center of Fairfax trial
CAAF grants
Three interesting grants from CAAF in the last few days. No. 07-0401/NA. U.S. v. Russell B. MULLINS. CCA 200200988. Review granted on the following issues: WHETHER THE LOWER COURT IN HOLDING THAT THERE WAS NOTHING IMPERMISSIBLE IN THE MILITARY JUDGE ALLOWING THE GOVERNMENT TO INTRODUCE LIE DETECTOR TESTIMONY IN VIOLATION…