Uncategorized Category Archives — Page 69 of 112 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Crawford exception

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

We’ve spent a lot of time over the last months addressing Crawford issues in the context of forensic reports. Let’s not forget that there are some exceptions to Crawford and confrontation.

Professor Colin Miller writes about the co-conspirator “exception” to Crawford.

In Crawford v. Washington, 541 U.S. 36 (2004), the Supreme Court held that the Confrontation Clause of the U.S. Constitution is violated when hearsay is "testimonial," admitted against a criminal defendant, and the hearsay declarant does not testify at the defendant’s trial, unless (1) the declarant was unavailable for trial, and (2) the defendant was previously able to cross-examine the declarant. Thus, if a statement is not testimonial, there is no problem with its admission under the Confrontation Clause. Thus, in its recent opinion in United States v. Diaz, 2010 WL 1767248 (11th Cir. 2010), the Eleventh Circuit was able to find a statement admissible without regard for the Confrontation Clause because co-conspirator admissions are non testimonial, even if they are made to confidential informants.

LTC Lakin update

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

World News Daily reports that LTC Lakin is scheduled to make another (potentially another) potential public confession:

A U.S. Army officer challenging President Obama to document his eligibility to occupy to Oval Office will be telling his story to Anderson Cooper on his 360 program on CNN.

The interview is scheduled to be broadcast from CNN’s New York studios at 10 p.m. Eastern. Lakin will appear with his attorney, Paul Rolf Jensen.

Crawford issue

April 30, 2010 | The Law Office of Philip D. Cave

On habeas review of state court convictions, the detective’s trial testimony about the statements of two non-testifying co-actors which implicated the defendant in the shooting and which were used to confront the defendant during his interview violated the Confrontation Clause and constituted plain error, in Ray v. Boatwright, _ F.3d _ (No. 08-2825).

Hasan update

April 30, 2010 | The Law Office of Philip D. Cave

I posted yesterday a couple of items where Mr. Galligan indicates he’s been given notice that the prosecution intends seeking the death penalty in the Hasan case. He’s wrong, but not wrong. It’s a question of terminology and reality.

Here is a quick note from KWTX.com:

FORT HOOD (April 30, 2010)–Fort Hood authorities said Friday they have not reached a decision to seek the death penalty in the upcoming Article 32 for Army Maj. Nidal M. Hasan.

Hasan update

April 29, 2010 | The Law Office of Philip D. Cave

Here are some links to reports that the prosecution will seek to provide death penalty related information to the Article 32, UCMJ, IO.

AP:

Stars & Stripes:

Defense counsel release from a case

April 24, 2010 | The Law Office of Philip D. Cave

An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports:

A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in the Iraqi town of Hamdaniya.

Pvt. Lawrence G. Hutchins III, a former sergeant now serving an 11-year sentence in the military prison at Fort Leavenworth, Kan., will be released from confinement if the Navy does not appeal the court’s Thursday ruling, his attorney, Capt. Babu Kaza, told Marine Corps Times. However, Hutchins also could face a new set of charges if the Marine Corps wants to readdress his case.

LTC Lakin update

April 23, 2010 | The Law Office of Philip D. Cave

Should you want to follow the case – from a defense perspective – here are the three most common websites to follow.

WorldNetDaily. This piece about commentary from MG Paul Vallely, USA, appears to be the latest piece: “Retired Army general: LtCol Lakin has a ‘valid point.’

The filing of charges may, however, be part of the still-unrevealed strategy Lakin and his legal counselors are pursuing.

Hamdaniya accused gets temporary reprieve

April 23, 2010 | The Law Office of Philip D. Cave

An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports:

A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in the Iraqi town of Hamdaniya.

Pvt. Lawrence G. Hutchins III, a former sergeant now serving an 11-year sentence in the military prison at Fort Leavenworth, Kan., will be released from confinement if the Navy does not appeal the court’s Thursday ruling, his attorney, Capt. Babu Kaza, told Marine Corps Times. However, Hutchins also could face a new set of charges if the Marine Corps wants to readdress his case.

LTC Lakin update

April 22, 2010 | The Law Office of Philip D. Cave

The safeguardourconstitution.com website has posted the charge sheet for LTC Lakin.

WND reports that:

The filing of charges may, however, be part of the still-unrevealed strategy Lakin and his legal counselors are pursuing.

LTC Lakin update [corrected]

April 20, 2010 | The Law Office of Philip D. Cave

TPMMuckraker reports:

Appearing on the G. Gordon Liddy radio show today, the attorney for Lt. Col. Terrence Lakin, the Birther Army doctor who is said to be facing a court martial for refusing orders, suggested that if his client is court-martialled, he will use discovery to try to further the Birther crusade.

Jensen said he expects an investigation of Lakin under Article 32 of the Uniform Code of Military Justice — which precedes a court martial — to begin as early as today or tomorrow.