Articles Posted in Uncategorized

Drew Brooks, Kreutzer enters guilty plea, no longer faces death penalty, FayObserver.com, 11 March 2009.  Some observations (on the article, and assuming the article is correct).  There is no word in the article about how the family is taking this and what role they did or did not play in the negotiations.  As we've discussed elsewhere, the family must be consulted under the Victim Witness Assistance Program rules, although the Army isn't bound to follow the victim's wishes.

1.  He was sentenced to "life," which is mandatory.  The UCMJ amendment authorizing Life Without Possibility of Parole was passed after Kreutzer was sentenced first time around.  See Article 56a, UCMJ, 10 U.S.C. 856a.  Under current regulations it will be many years before he becomes eligible for parole.  And as a practical matter he's unlikely to see parole.

2.  "prosecutors will try to persuade Parrish to raise the aggravated assault charges to attempted premeditated murder charges."  Anyone have any idea what this means?  Is the prosecution trying to make a major variance on the charge sheet post-referral, post-something?

You have to love it, Thomas E. Ricks, Throwing money away from the problem, The New ForeignPolicy.com, 9 March 2009.

Remember, do not take fees in cash or by check from a client such as this.  Get it on plastic, or from a relatives own funds.

The Supreme Court has decided  Vermont v. Brillon.

The case is a Sixth Amendment speedy trial case.

The significant delays in the accused getting to trial were caused by Brillon's public defender counsel or himself.  The bottom line issue is who is accountable for those delays — the government or the defense.

Prof. Colin Miller, Can I Get A(n Eye) Witness: 60 Minutes Story Exposes Problems With Eyewitness IDs, Evidence Prof Blog, 9 March 2009.

American Chronicle reports that Rep. Adam Schiff (D-CA) has proposed legislation called the Terrorist Detainees Procedures Act.

Here is the link to H.R. 1315.

Here is a link to the congressman's Guantanamo Detainees Procedures Act of 2005.

Melanie D. Wilson, Finding a Happy and Ethical Medium Between a Prosecutor Who Believes the Defendant Didn't Do It and the Boss Who Says That He Did, 103 Nw. U. L. Rev. Colloquy 65 (2008).

The trial counsel (prosecutor)[n.1] works for the SJA, the SJA works for and advises the convening authority, the convening authority decides what cases go to trial and how they might be desposed of.  I'd like to see the trial counsel try this recommendation.

Here's a link

to attorney Bridget Wilson's article on the model state code of military justice

for the National Guard, that is available on NIMJ's website.

BRIDGET J. WILSON, MODEL STATE CODE OF MILITARY JUSTICE FOR THE NATIONAL GUARD NOT IN FEDERAL SERVICE, Justice for the Military's Minotaurs 6/6/2007.

In 2003, Congress directed the Secretary of Defense to produce a Model State Code of Military Justice.  This Code is intended to be adopted by all of the states for use when dealing with misconduct by personnel in Title 32 status.  The idea is to try and have a "uniform" state code rather than 50+ differing codes (Guam and Puerto Rico provide National Guard units).

In addition to action under MEJA involving contractors in Iraq, a civilian spouse in Okinawa is headed for a U.S. District Court trial for the death of his stepson on Okinawa.

David Allen, Accused stepdad awaits transfer, Stars &Stripes, 6 March 2009.

In writing a piece this weekend I came across this excellent article by Pat Grant on Extraordinary Relief, it's worth reading and filing in your trial notebook.

Captain Patrick B. Grant, ARTICLE: Extraordinary Relief: A Primer for Trial Practitioners, 2008 Army Law. 30 (November, 2008).