Uncategorized Category Archives — Page 56 of 116 — Court-Martial Trial Practice Blog Published by International Military Lawyer

MEJA, CEJA, etc., etc., etc.

October 11, 2010 | The Law Office of Philip D. Cave

Huffington Post has this piece about PMC’s and the UCMJ.

It is common to complain that the while the use of private military contractors (PMC) has grown rapidly in the past decade, the legal apparatus to hold them accountable has failed to keep pace. But that is not as true as it once was. In fact, there are at least four distinct sources of criminal law that can hold contractors accountable for their actions: (1) international law, (2) host-nation law, (3) U.S. civilian law, and (4) U.S. military law. Of course, all of these have their own limitations and problems, such as jurisdiction and applicability.

But military law, at least for the U.S., the world’s biggest consumer of PMC services, military law shows increased promise.

We’ve seen this before

October 11, 2010 | The Law Office of Philip D. Cave

In a court-martial under the court-martial UCMJ setting, can a PTA bind the prosecution/convening authority to something he or she has no control over — generally the conditions of confinement. There’s a teachable moment here for the court-martial practitioner.

Air Force Times reports:

The attorney for a former al-Qaida cook said Monday that the government did not deliver on a promise that led him to plead guilty to supporting terrorism, and she said that could discourage other inmates at Guantanamo from reaching deals with prosecutors.

MAJ Hasan sitrep

October 11, 2010 | The Law Office of Philip D. Cave

Courtesy of Karen Franklin’s blog:

The defense team for Army psychiatrist Nidal Malik Hasan has retained prominent forensic psychologist Xavier Amador. The New York-based expert has been involved in several high-profile cases involving the military, including those of PFC Lynndie England (of Abu Ghraib infamy) and U.S. Army sergeant Hasan Akbar, who killed two fellow officers and wounded 14 soldiers in Kuwait in 2003. He was also a defense expert in the trial of would-be 9/11 hijacker Zacarias Moussaoui.

Coast Guard collision San Diego Bay

October 10, 2010 | The Law Office of Philip D. Cave

Courtesy of cunninghamreport.com here are links to the Article 32, IO, report and recommendations.

Ramos Charges
Howell Charges
Rasmussen Charges

Couple of interesting points.

LTC Lakin sitrep

October 9, 2010 | The Law Office of Philip D. Cave

I use Google Chrome for a browser so this wasn’t apparent to me. But Dr. C. at obamaconspiracy.org points out the following:

I have no way of knowing whether LtC Terry Lakin authorized the use of his image to sell tax advice, bridge loans, auto liability insurance, and whatever other advertising attaches itself to his photo over at WorldNetDaily (hover mouse anywhere over the photo at WND for maximum advertising effect). Nonetheless, I think this image, as much as any other, points out how this honorable, but confused, soldier has become the tool of [select a name].

Of course when viewed in MSIE you can see what the doctor ordered.

Blazing moment

October 9, 2010 | The Law Office of Philip D. Cave

Thanks to CrimProfBlog here is a link to an interesting post on Grits for Breakfast, with potential for relevance in a court-martial tried under the UCMJ, with examiners from USACIL and DCFL, etc.

There was an astonishing moment yesterday at a breakout session on fingerprint examination at theTexas Forensic Science Seminar, at which Department of Public Safety fingerprint examiner Bryan Strong (who seemed like a really nice guy so I hate to pick on him) was describing how his division implemented the ACEV method of fingerprint examination in ways that may violate the state and prosecutors’ obligations under Brady v. Maryland.

blah, blah.

Corrections boards

October 9, 2010 | The Law Office of Philip D. Cave

Here’s an interesting piece in the Veterans Today.

REPORT prepared for the State Bar of Texas Annual Meeting, Military Law Committee Correction of Military Records and Judicial Review, has proven to be a shocker, and, should OUTRAGE every veteran ! Why you ask, well hold the phone.

I would suggest this “report” is not news. The writer and presenter is described as follows:

MAJ Hasan sitrep

October 8, 2010 | The Law Office of Philip D. Cave

I posted the other day about the defense refusal to cooperate in a scheduled R.C.M. 706 board.

Mr. Galligan’s website now points to this CNN piece. The title of his posting is, “Army Attempts Last Minute Changes to Sanity Board.” The CNN piece makes several observations.

The defense objects to the timing.

MAJ Hasan sitrep

October 7, 2010 | The Law Office of Philip D. Cave

Tomorrow begins the Article 32, UCMJ, hearing, prefatory to a general court-martial.

NPR leads with:

Dozens of people will take the witness stand in a military courtroom over the next few weeks to describe the pain of bullets piercing their bodies and the sight of fellow soldiers lying in pools of blood.

LTC Lakin

October 7, 2010 | The Law Office of Philip D. Cave

Interesting, someone appears to have received a response to a request for information to APF.

Courtesy of obamaconspiracy.org:

From: Margaret Hemenway
Date: Wed, Oct 6, 2010 at 11:07 AM
Subject: Re: Request from the Safeguard our Constitution Website
To: (——)
(——), LTC Lakin worked with the Foundation over this past wk-end to ensure that our educational efforts continued and there was no disruption even given his retaining new legal counsel- we are making clear that our focus is on strategic communications, his public relations and outreach and mobilization, raising his public visibility over the next few critical weeks with court-martial only weeks away- but we are not providing his legal defense. The most important actions needed now are raising public pressure and awareness of his plight- contacting elected officials on his behalf and spreading the word to others. We are dealing with an entrenched media blockade on his issue and working diligently to surmount it– Thanks for writing- and keep the faith!