Court-Martial Trial Practice BlogCourtesy of Army Times, here is a link to, “Fort Hood Army Internal Review Team: Final Report.”
Articles Posted in Uncategorized
LTC Lakin’s latest
Thanks to a jab from RealityCheck. Let’s parse the current defense information release from LTC Lakin’s defense counsel.
His previous civilian attorney complicated his case and is partially responsible for two of these charges by advising LTC Lakin to refuse to report to his superior officer.
I posted a while back about the TMLUTB defense. I think the two charges referred to above are the harder on which to establish a TMLUTB defense. I think it would be harder to convince members that the order to report needed the advice of counsel. But . . . .
Post Padilla-Miller
Thanks to Sentencing Law & Policy here is a paper that raises some thoughts on IAC for pretrial advice to clients. As we know we won’t get anything solid on that from CAAF a la immigration because Denedo’s case is over. But, . . . .
Post Padilla: Padilla’s Puzzles for Review in State and Federal Courts
Vanderbilt Law Research Paper Series
Vanderbilt University Law School
Nancy J. King
Vanderbilt Law School
Gray Proctor
affiliation not provided to SSRN
Federal Sentencing Reporter, Volume 23, Issue 3 (Feb 2011)
More delays in Wuterich?
Misc. No. 11-8009/MC. Frank D. WUTERICH, Appellant v. David L. Jones, Lieutenant Colonel, United States Marine Corps, in his capacity as Military Judge, and United States, Appellees. CCA 200800183. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on application for extraordinary relief was filed under Rule 27(b) on this date.
Ramrod Five/Stryker Brigade sitrep
Lexington Herald-Leader reports:
Staff Sgt. Calvin Gibbs’ big talk about killing Afghan civilians and getting away with it made him stand out when he joined a new platoon at an Army base in southern Afghanistan a year ago, according to written statements from his comrades.
Some of his Stryker platoon mates from Joint Base Lewis-McChord near Tacoma, Wash., told investigators they didn’t know what to make of him. They thought he must be kidding.
Yes, a LTC Lakin post
Here courtesy of Obama Conspiracy Theories is the Congressional Research Service legal opinion on, well . . . . . . ..
Members of Congress Memo–What to Tell Your Constituents in Answer to Obama Eligibility Questions
Wuterich sitrep
Mercury News is reporting that United States v. Wuterich is delayed until 24 January 2011, pending a resolution of their issue of defense counsel representation. AP reports the same, as does The Canadian Press.
ACCA and LIO’s
United States v. Moore, decided 28 October 2010.
Appellant alleges, inter alia, that assault with intent to commit rape is not a lesser-included offense of rape under United States v. Jones, 68 M.J. 465 (C.A.A.F. 2010) and that his conviction should be set aside. We agree, and provide relief in our decretal paragraph. Because we decide the case on the basis of this assignment of error, we do not consider appellant’s other allegations.
Also a quick note about “notice.”
Nerad-CP-sentencing
I’ve posted before about CP sentencing in federal courts. Here is a piece with links at Sentencing Law & Policy which further discusses CP related sentencing in federal courts and the U. S. Sentencing Guidelines Commission.
As the sentencing guidelines for child pornography crimes have grown increasingly harsh, a strong trend has developed among federal judges to reject the proposed prison terms as draconian. Now two influential federal appellate courts — the 2nd and 3rd Circuits — have joined the trend and declared that the child pornography guidelines are seriously flawed, or at least that a trial judge wouldn’t be wrong for thinking so.
Here is a related link from SL&P. While not precisely on point I read United States v. Nerad in the context of some push back on what’s to be punished and how severely.
Pernell-Bragg-rapes case sitrep
Trial is scheduled to begin 8 December 2010 at Fort Bragg.
The Judge has decisions pending on a suppression motion and a motion to dismiss an attempted rape charge for failure to state an offense.
As FayObserver ‘observes:’