Uncategorized Category Archives — Page 73 of 112 — Court-Martial Trial Practice Blog Published by International Military Lawyer

CAAF’s put out an opinion in Blazier

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

United States v. Blazier. Here are the relevant portions of the opinion written by Judge Ryan for the moment.

This case presents the question whether the admission of drug testing reports” over defense objection violated Appellant’s rights under the Sixth Amendment’s Confrontation Clause. The antecedent question, whether certain admitted evidence was testimonial, we answer affirmatively, and contrary to the decision of the United States Air Force Court of Criminal Appeals (CCA), United States v. Blazier, 68 M.J. 544 (A.F. Ct. Crim. App. 2008).

Having resolved the threshold question, and given the ubiquity of drug testing within the
military, we conclude that additional briefing is warranted prior to final disposition of the case.

Wuterich’s partial good news

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

North County Times reports:

That the military judge “ruled prosecutors must show beyond a reasonable doubt that unlawful command influence hasn’t tainted the manslaughter case against a Camp Pendleton Marine accused of taking part in the 2005 slayings of 24 Iraqi civilians.” This means the defense was successful so far in showing sufficient evidence to shift the burden to the prosecution to prove no UCI.

Wuterich Haditha update

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

Marine Corps Times reports:

Eight Marines were charged in the biggest criminal case against U.S. troops to arise from the Iraq war. Six have had charges dismissed, and one was acquitted.

Whether the only remaining and perhaps highest-profile defendant stands trial may hinge on what happens this week in a military courtroom.

Hasan update

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

MySAnews reports that:

Army Maj. Nidal Malik Hasan, charged in November’s shooting rampage at Fort Hood that left 13 people dead and 32 others wounded, will be moved from San Antonio to a county jail near the military post.

Bell County Sheriff Dan Smith issued a statement Monday, saying Bell County commissioners court formalized a contract with Fort Hood officials in preparation for receiving Hasan at the jail in Belton.

Search Incident to Arrest

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

Thanks to Fourthamendement.com, here is an article about Arizona v. Gant.

Arizona v. Gant: Does it Matter? by Barbara E. Armacost of the University of Virginia School of Law in 2009 S.Ct. Rev. __ (2010).

And from the abstract:

Crime Labs

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

I’ve posted before about issues with forensic testing and police controlled laboratories (including military drug testing laboratories). Here is an article from my old crim law professor, a former Army JA. You’ve also heard me frequently talk about confirmatory bias in regard to police investigations and other investigations.

Paul C. Gianelli, Independent Crime Laboratories: The Problem of Motivational and Cognitive Bias, to be published in the Utah Law Review.

One of the most controversial recommendations in the National Academy of Sciences report on forensic science — Strengthening Forensic Science in the United States: The Path Forward — concerns the removal of crime laboratories from the administrative control of law enforcement agencies. For decades scholars have commented on the “inbred bias of crime laboratories affiliated with law enforcement agencies.” Some commentators have proposed independent laboratories as the remedy for this problem, and in 2002, the Illinois Governor’s Commission on Capital Punishment proposed the establishment of an independent state crime laboratory. This essay documents the problems that triggered the NAS Report’s recommendation. It also examines the counter arguments as well as alternative approaches, including additional measures that should protect forensic analyses from improper influence.

Wuterich update

March 19, 2010 | The Law Office of Philip D. Cave

Military.com reports that:

A four-star general will testify at a pretrial hearing in the biggest criminal case against U.S. troops to arise from the Iraq war, a Marine Corps spokesman said Thursday.

Gen. James Mattis is scheduled to address a military judge Monday on a defense motion to dismiss charges against Staff Sgt. Frank Wuterich on grounds of undue command influence, said the spokesman, Lt. Col. David Griesmer.

Nidal Malik Hasan update

March 18, 2010 | The Law Office of Philip D. Cave

WOAI.com reports:

Hasan’s lawyer claims the U.S. Army is withholding key information he needs to defend Hasan.

Attorney John Galligan said he has been waiting months for classified material needed to help his client. He said he has been given limited access to criminal investigation files.

New CAAF opinion dealing with search authorizations in CP cases

March 17, 2010 | The Law Office of Philip D. Cave

United States v. Clayton. Another special exception, in of course, a CP case.

The dissent says it all.

RYAN, J., with whom ERDMANN, J., joins (dissenting):

New ACCA opinion

March 16, 2010 | The Law Office of Philip D. Cave

ACCA has issued an opinion in United States v. Watson, another administrative discharge issued pending appeal, this time an officer.

A military judge sitting as a general court-martial convicted appellant,
pursuant to her pleas, of larceny of government property and fraud against the
United States (two specifications), in violation of Articles 121 and 132, Uniform
Code of Military Justice, 10 U.S.C. §§ 921 and 932 [hereinafter UCMJ]. The
military judge sentenced appellant to a dismissal, confinement for seven months, a
fine of $135,000, and forfeiture of all pay and allowances.

Prior to convening authority action, appellant, a reserve officer, was released
from active duty (REFRAD). While pending appellate review, appellant received
orders placing her in an inactive status. After convening authority action approving
her dismissal, she received discharge orders and an honorable discharge certificate.