Uncategorized Category Archives — Page 83 of 113 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Major Hasan representation

December 20, 2009 | The Law Office of Philip D. Cave

I blogged a bit of gossip the other day that there may now be up to 12 trial counsel working on Major Nidal Malik Hasan’s court-martial. I had blogged that Major Hasan had two military counsel, that appears wrong, and so too might be the rumor of 12 TC.

Maj. Nidal Malik Hasan, the Army psychiatrist accused of killing 12 soldiers and a civilian at Fort Hood last month, won’t get the two additional military lawyers his defense team has requested.

John P. Galligan, the retired Army colonel who is representing Maj. Hasan, asked the Army earlier this month to add the veteran legal officers to the defense team. In addition to Mr. Galligan, Maj. Hasan has a military-appointed defense counsel, Maj. Christopher Martin.

Freedom of speech

December 20, 2009 | The Law Office of Philip D. Cave

How far can speech go?

March Forward! is an affiliate of the ANSWER Coalition (Act Now to Stop War and End Racism). Along with others in the Coalition, we are organizing against the Iraq and Afghanistan war while fighting for social and economic justice at home—including the struggle against racism and all forms of discrimination and bigotry. March Forward! operates based on the belief that real change comes through struggle and mass action.

In 2008, veterans and active-duty service members who had been seasoned activists and leaders in the movement against the Iraq war joined together to form March Forward! Our aim is to unite all those who have served and who currently serve in the U.S. military, and who want to stand up for our rights and for that which is right!

Major Hasan’s pretrial confinement hearing

December 20, 2009 | The Law Office of Philip D. Cave

The man accused of the Fort Hood shooting rampage is facing tighter restrictions on his communication with the world outside the hospital room, where he lies paralyzed from the chest down, his lawyer said Monday.

The lawyer, John P. Galligan, said Maj. Nidal Malik Hasan fell asleep during an hour-long hearing held at his hospital bed on Saturday, during which a military magistrate ruled that the suspect should be placed in pretrial confinement. That is a legal status that essentially turns his hospital room, at Brooke Army Medical Center in San Antonio, into a jail cell.

He added that he is concerned the Army plans to move Maj. Hasan to Bell County jail here, which is under contract with Fort Hood to serve as a brig, when house-arrest might be more appropriate.

Navy Seals + LTC Allen West = UCMJ needs revision

December 20, 2009 | The Law Office of Philip D. Cave

The title of a blog piece on Free Market Military.

Pregnancy and court-martial

December 20, 2009 | The Law Office of Philip D. Cave

You’ll have seen the blogging and news reports about the potential consequences of a pregnancy while serving in the AOR – which could include court-martial.

A US Army general in northern Iraq has defended his decision to add pregnancy to the list of reasons a soldier under his command could face court martial.

The BBC reports.

Can I sue them?

December 20, 2009 | The Law Office of Philip D. Cave

Yes, clients frequently ask this question. Here is an interesting piece about lawsuits and false confessions. The item is interesting also as a simplified checklist to review some improper techniques.

Civil Liability Associated with False Confessions.

Fraternization

December 18, 2009 | The Law Office of Philip D. Cave

A brief moment of sexual contact between a senior noncommissioned officer and a subordinate sent both soldiers down different roads of guilt and despair.

Military.com reports on a court-martial in Korea.

Acquitted

December 18, 2009 | The Law Office of Philip D. Cave

A sailor found not guilty of a fatal shooting at court-martial Thursday will return to work aboard the aircraft carrier Harry S. Truman, a Navy official said.

Navy Times reports

Get pregnant-get someone pregnant, go to jail

December 18, 2009 | The Law Office of Philip D. Cave

It is a possibility:

The Army general commanding U.S. forces in northern Iraq has added pregnancy to the list of prohibitions for personnel under his command.

The policy, which went into effect Nov. 4, makes it possible to face punishment, including a court-martial and jail time, for becoming pregnant or impregnating a servicemember, according to the wording of the policy and confirmations from Army officials.

Coast Guard 32 done

December 18, 2009 | The Law Office of Philip D. Cave

The military’s case against a Coast Guard captain accused of violating military code wrapped up Thursday with the officer’s lawyers admitting their client committed adultery and fraternized with enlisted women — but, they said, his behavior was not criminal.

Anchorage Daily News reports.

Here are some factors that will be considered by the IO, the SJA, the CA, and . . .