Court-martial witness says Brown choked soldier who pursued him, by John Ramsey Staff writer with Fayetteville Observer.com. Minutes after Pfc. Luke Brown scurried under a fence into the woods, he started choking the first soldier who went in after him. Sgt. Christopher Mignocchi, the first witness called by prosecutors in…
Court-Martial Trial Practice Blog
Fallouja Marine pleads guilty.
Fallujah defendant admits killing, pleads guilty to dereliction of duty Sgt. Jermaine Nelson will not get any jail time and could get honorable discharge, attorney says. (Note: this comment is a potential problem. In the military system, the judge is not supposed to know the terms of the agreement until…
Potential SOFA case/issue?
Accused brawl soldiers seek US justice By Cathy Harper, ABC News, September 29, 2009 12:25:00 Police say the brawl involved at least 35 people, and was watched by 300 others. (Reuters: Stephen Hird) Two US soldiers have appeared in the Darwin Magistrates Court on charges relating to a brawl on…
ACCA has decided Gipson – an SJA case.
United States v. Gipson, ARMY 2007 0521 (A. Ct. Crim. App. 28 September 2009). This case has an unusual [if mundane] procedural history.. . . Appellant claims on appeal he was prejudiced by the SJA’s failure to serve him with new matters in the addendum, in violation of R.C.M. 1106(f)(7);…
Attorney-client privilege
Here is a good post from FederalEvidence blog. Inadvertent Disclosure Under FRE 502(b) Not Shown By Failure To Assert Privilege Promptly Court denies motion to compel return of e-mail message after concluding the disclosure was not inadvertent under FRE 502(b) since defense counsel “had ample opportunity to discover and assert…
Sex offender registration.
Cory Yung at SexCrimes is reporting: DOJ issued a press release today announcing the first two jurisdictions to implement the Sex Offender Registration and Notification Act (SORNA), part of the Adam Walsh Act. The two jurisdictions? Ohio and the Confederated Tribes of the Umatilla Indian Reservation (in Oregon). While applauded…
Vaccine programs – Anthrax, now flu?
September 29, 2009, in Suits & Sentences. Troops lose challenge to anthrax vaccination Eight members of the U.S. military who challenged a mandatory anthrax vaccination have lost, again. Like the phoenix this is an old story that is likely to rise again in light of the proposed DoD flu shot…
More on NCIS taping interrogations.
Earlier comments on this subject are here and here. In particular here is the new NCIS policy. NCIS video/audio taping is not new as this report suggests — Naval Criminal Investigative Service: Fraud Interview Policies Similar to Other Federal Law Enforcement Agencies (Letter Report, 04/07/97, GAO/NSIAD-97-117). In fiscal year 1996,…
Pendleton Fallouja trial.
Marine set for court martial at Camp Pendleton in the death of an Iraqi prisoner L.A. Now, September 28, 2009 | 8:56 pm A court martial is to begin Tuesday at Camp Pendleton for the last of three Marines accused of killing unarmed prisoners during battle in Fallouja, Iraq. Sgt.…
Brown CM, Bragg, today.
Fayetteville Observer.com, by John Ramsey Five enlisted men and four officers were selected Monday as the jury that will decide whether Sgt. Justin A. Boyle is guilty of involuntary manslaughter in the death of a fellow paratrooper. During jury selection Monday afternoon, a major and a colonel were dismissed, leaving…