Recently CAAFLog had a discussion about military appellate cases and publication or non-publication. PACER is a pay to use system that allows access to lots of federal courts documents that are “publically available” but at a fee. Recently a technology blogger I follow FutureLawyer had a comment about RECAP and…
Court-Martial Trial Practice Blog
Suits & Sentences
Justice delayed is….oh, never mind That business about justice delayed being justice denied apparently has a statute of limitations. At least, that must be the way it seems for Marco A. Bush, a former private first class in the Marine Corps. I like to read S&S because of their ability…
Hamdaniyah Dubay
A Dubay hearing is about to get underway in United States v. Hutchins.
A members case to make a point?
Travis Bishop’s court-martial August 18, 11:30 AM Dallas Progressive Examiner Herschel Tomlinson
Bridging the gap – again.
CAAF has visited statements made by military judges post-trial typically in bridging the gap sessions. Here is an interesting grant and set-aside: No. 08-0215/NA. U.S. v. Tyrice L. HAYES. CCA 200600910. Review granted on the following issue: WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED WHEN IT FOUND THAT…
Fabricated DNA evidence.
Today’s New York Times has an article about fabricating DNA evidence in a laboratory. Unlike naturally-occurring DNA that could merely be planted at a crime scene, fabricated DNA would not require access to an original, physical specimen of a particular person’s DNA, so long as one had access to his…
Marine Officer Faces Court-Martial Trial On Rape Charges
Here is a 10News report of a Marine at San Diego, a law school graduate on his way to becoming a Marine judge advocate. A San Diego-based U.S. Marine officer, Capt. DW who is accused of rape and indecent assault, will be tried in a general court-martial set to begin…
Post-trial delay prejudice has to be shown.
CAAF has released an opinion in United States v. Bush, __ M.J. ___ (C.A.A.F. 2009). That means, according to CAAFLog, two more to go before of all of the current pending decisions have been released. Judge Erdmann writes the opinion; Judge Ryan writes a “concur in the judgment” opinion which…
CrimProf Blog
Professor Colin Miller of the excellent EvidenceProf blog alerts that the CrimLawProf blog is back up and running with a new cast of characters.
Army screening NCOs to rid service of marginal leaders
Here’s a little more on the Army’s reinstatement of the QMP program from Nancy Montgomery with Stars & Stripes. After nearly seven years of suspension, what the Army calls the “Qualitative Management Program” is back, providing a means, the Army says, of ridding the service of marginal leaders. The QMP…