Uncategorized Category Archives — Page 54 of 113 — Court-Martial Trial Practice Blog Published by International Military Lawyer

LTC Lakin’s change of counsel

October 6, 2010 | The Law Office of Philip D. Cave

Despite the political rhetoric LTC Lakin’s case has given us a number of teaching moments or opportunity to refresh on some basic practice principles.

1. Can LTC Lakin change lawyers at this stage. The answer in this case is probably yes. Although technically Mr. Jensen should submit a motion to be released and the new counsel file a notice of appearance.

2. Can LTC Lakin’s get a delay in the trial. Trial is currently set to begin 3 November 2010. The current docket is dated 6 October 2010. There is some question whether or not Neal Puckett or his other counsel are available because of the Wuterich trial ongoing. Also, there would be an issue of giving them an opportunity to prepare for trial. The answer to a continuance request in this case is probably yes, unless the prosecution can show an extraordinary adverse effect on their case by a delay.

What’s going on

October 6, 2010 | The Law Office of Philip D. Cave

CNN has this report on the Morlock Article 32, UCMJ, hearing.

A U.S. soldier accused of killing civilians in Afghanistan should face a court-martial on murder and other charges, an Army officer has recommended.

The recommendation, included in a document obtained by CNN, comes after prosecutors laid out their evidence against Spc. Jeremy Morlock in a hearing last week. Morlock is one of five members of the Army’s 5th Stryker Brigade who have been accused of premeditated murder in a series of incidents between January and May.

MAJ Hasan sitrep

October 4, 2010 | The Law Office of Philip D. Cave

Army Times reports:

A military officer has ordered a mental evaluation for the suspect in the November Fort Hood shootings before a key hearing next week.

Earlier this year, Army officials appointed a three-member board of military mental health professionals to determine whether Maj. Nidal Hasan is competent to stand trial and his mental status the day of the Nov. 5 shooting.

Supremes deny Loving petition

October 4, 2010 | The Law Office of Philip D. Cave

No. 08–1476. Dwight J. Loving, Petitioner v. Department of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

Page 183 here.

LTC Lakin sitrep – more “huge news”

October 4, 2010 | The Law Office of Philip D. Cave

The APF website is back up!

The American Patriot Foundation is pleased to announce that LTC Lakin has repositioned his forces, has retained new legal counsel, and is extremely grateful that the Foundation will be dedicating the critical next few weeks before his planned court-martial on November 3-5, to focusing entirely on public affairs, strategic communications/messaging and coalition-building and that their support will continue seamlessly as the new attorney prepares for trial. CLICK HERE FOR FULL PRESS RELEASE.

The release partly says:

NMCCA unpublished op. on “immunity”

October 3, 2010 | The Law Office of Philip D. Cave

United States v. Sagona, sentenced at court-martial on 8 May 2008, appeal decided 30 September 2010.

The issue was IAC of trial defense counsel who allegedly failed to investigate and advise on a potential defense of immunity. R.C.M. 704 covers the issues of immunity, tempered by case law. Basically only the GCMCA can grant immunity, but . . . . Cooke v. Orser, 12 M.J. 335 (C.M.A, 1982), is one of the more well known cases about immunity outside the R.C.M. and UCMJ requirements.

The court in Sagona had ordered a Dubay hearing. See United States v. DuBay, 37 C.M.R. 411 (C.M.A. 1986) and United States v. Ginn, 47 M.J. 236 (C.M.A. 1986).

LTC Lakin sitrep 12

October 2, 2010 | The Law Office of Philip D. Cave

With LTC Lakin’s change in civilian counsel the question is, who will pay his legal fees.

The APF said this up until the item was removed (mostly) from the web:

American Patriot Foundation’s Legal Defense Fund will pay for all of LTC Lakin’s attorneys fees and costs, and so we urgently need your tax deductible contribution.

LTC Lakin sitrep 11

October 2, 2010 | The Law Office of Philip D. Cave

Thanks to RC.

The prior link for LTC Lakin’s special page has gone. When you try to go to that link you get the main page of American Patriot Foundation. Clicking to the current projects link gets you to this:

Safeguard Our Constitution

LTC Lakin writ sitrep

October 2, 2010 | The Law Office of Philip D. Cave

Here is a quote from an item on DMLHS’s Facebook wall.

Guess which of your favorite law firms just became "replacement counsel" on the Lakin case? Going to see what we can salvage.

Looks like LTC Lakin may have reached out to Neal Puckett, a real military law knowledgeable person. Either that or Neal is playing a birthday joke on Dwight.

Up periscope 82

October 2, 2010 | The Law Office of Philip D. Cave

Army Times reports:

The Army has launched a crackdown on the drug spice at least nine commands in response to a spike in usage among soldiers.

A designer drug that mimics marijuana, spice is legal in most states, and is available for sale in smoke shops and online for around $50 for three ounces.