Here I’m talking about limiting instructions at court-martial, not alleged curative instructions. A limiting instruction is appropriate where evidence is admissible for one or more purposes, but is also inadmissible for one or more purposes. Here is a reminder from federalevidence blog of how that works. In multi-defendant cocaine conspiracy…
Article 13, UCMJ, prohibits pretrial punishment. In United States v. Turner, NMCCA 200401570 (N-M.C. Ct. Crim. App. 22 December 2009), the court found pretrial punishment and set-aside the BCD. This may be somewhat pyrrhic because the sentence was adjudged in 2001. That means the appellant has been on unpaid appellate…
The White House will not weigh in on the case of the three Navy SEALs facing court martial for allegedly mistreating an Iraqi terror suspect believed to have been behind the slaying of four Americans in 2004. CNSNews.com reports. We already have too much litigation by media, and by Congress…
Nearly two years after prosecutors in Jacksonville decided not to charge anyone in the gunfight that killed a club owner outside his bar north of Springfield, the Navy has acquitted a sailor of murder in the case. NewsJacksonville.com reports — Navy prosecutors would only say they had believed the case…
An Army psychiatrist accused of fatally shooting 13 at the Fort Hood, Texas, military base had asked for a Muslim cleric’s advice about killing U.S. troops, according to a new interview. CNN.com reports. Retired Army Col. John Galligan, Hasan’s civilian attorney, has said his client is considering pleading not guilty…
The CGCCA has issued a 2-1 opinion in United States v. Lucas, and it is likely a case to watch with CAAF. The CGCCA has been the most vigilant of the services in protecting an accused’s post-trial rights, so the decision in this case seems odd. There is no evidence…
Some news stories: "US: SOLDIERS FORCED TO GO AWOL FOR PTSD CARE." Inter Press Service English News Wire. 2009. HighBeam Research. (December 23, 2009). http://www.highbeam.com/doc/1P1-174196126.html With a military health care system over-stretched by two ongoing wars in Afghanistan and Iraq, more soldiers are deciding to go absent without leave (AWOL)…
A man accused of posing as a highly decorated war veteran faces federal charges of falsely wearing heroic medals of honor. Angel Manuel Ocasio-Reyes, 48, was charged under the Stolen Valor Act. This is the fourth time in 12 months someone has been prosecuted under the Stolen Valor Act, according…
The third SEAL accused in the assault of an alleged al-Qaida terrorist pleaded not guilty Tuesday to charges of dereliction of duty and making a false official statement in a military court on Norfolk Naval Base. Trial by court-martial is set for 6 April 2010, Navy Times reports. The other…
Here is the Order in question regarding getting pregnant while deployed to the AOR. So far as reported earlier there have not been any court-martials. Bob McCarty has blogged the issue from what appears to be a non-lawyer perspective.