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Court-Martial Trial Practice Blog

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Major Hasan update

The Army Times reports that the prosecution is being bolstered for the court-martial of Major Hasan for his court-martial at Fort Hood. A senior military official said Friday that a new lead prosecutor has been appointed in the Fort Hood shooting case, a man who secured the death penalty in…

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Chessani recommendation

Having avoided a court-martial, it appears that LtCol Chessani has obtained a recommendation that he be allowed to retire in his current grade. A three-member panel found Friday that a former battalion commander charged with failing to fully disclose and investigate the killing of two dozen Iraqi men, women and…

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First CAAF decision

CAAF has decided United States v. Campbell, __ M.J. ___ (C.A.A.F. 2009). We granted review of three issues raised by the decision of the United States Navy-Marine Corps Court of Criminal Appeals (CCA), as follows: I. WHETHER THE LOWER COURT ERRED IN REASSESSING APPELLANT’S SENTENCE, AS (1) ITS REASSESSMENT CALCULUS…

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The shrinking privilege

That is Professor Colin Miller’s entree to: The Shrink(ing) Privilege, Take 2: New York Times Article Reports That Exceptions To Military Psychotherapist-Patient Privilege Are Hindering Therapy. My post is here on the NYT article discussing the military patient-psychotherapist privilege at court-martial and under the UCMJ.

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Crawford – seeking medical care

FederalEvidence blog has posted: Fifth Circuit addresses an open issue concerning admission of medical statements under the Confrontation Clause; circuit also notes that “there is no constitutional right to confront the victim of a crime” where the government elects not to call the victim at trial, in United States v.…

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