Uncategorized Category Archives — Page 85 of 117 — Court-Martial Trial Practice Blog Published by International Military Lawyer

SEAL update

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

Navy prosecutors have asked a judge to delay the trials of two SEALs accused in connection with the alleged assault of a reported al-Qaida terrorist — apparently because of evidence issues.

Navy Times reports.

If as is indicated there are classified document issues, then it is clear this trial will take time to complete. Having participated in many classified trials, with one ongoing, over the years I would say that it will take several months to resolve the issues. Each of the counsel may well have to get security clearances established. The time to get clearances will be a function of the classification levels involved. And then there may be Mil. R. Evid. 505 issues.

Behenna update

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

CAAFLog has this case among the Top-10 for 2009.

Vicki Behenna has 10 minutes to plead her son’s case.

Where does she begin?

Major Hasan

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

Army Major Nidal Malik Hasan, the accused Fort Hood shooter and psychologist, has been moved out of Brooke Army Medical Center’s ICU and into its general care unit. Hasan was hospitalized the day of the Fort Hood shootings—November 5—with several serious gunshot wounds.

Reports tothecenter.com.

Military death penalty

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

The court-martial of Gen. William Hull — who gave up Detroit to the British without a fight during the War of 1812 — began Jan. 3, 1814.

Deemed a coward, Hull was found guilty of dereliction of duty and sentenced to death, but President James Madison later reduced it because of the officer’s impressive Revolutionary War record of service. Historians later concluded that Hull’s actions in August 1812 were correct.

The Detroit Free Press reports.

Blackwater down – update

December 31, 2009 | The Law Office of Philip D. Cave

U.S. District Judge Ricardo Urbina said Justice Department prosecutors improperly built their case on sworn statements that had been given under a promise of immunity. Urbina said the government’s explanations were “contradictory, unbelievable and lacking in credibility.”

And all charges have been dismissed, reports Air Force Times.

In ruling one month before the defendants were to face trial in Washington, Judge Urbina dismissed the case not for its merits, but for the way the government had handled the prosecution, calling the government’s explanations for the improper use of statements “contradictory, unbelievable and lacking in credibility.”

Major Hasan and his restriction

December 31, 2009 | The Law Office of Philip D. Cave

Attorney John Galligan says Maj. Nidal Hasan has excessive restrictions — including a rule barring any visitors when his attorneys are in his hospital room.

Air Force Times reports.

This same rule operates at the pretrial confinement facility. The Brigs are pretty good about letting counsel in to visit for “legal visits.” But there are restrictions on mingling of family visits and “professional” visits.

Stolen valor report

December 31, 2009 | The Law Office of Philip D. Cave

David Vincent Weber arrived last month at a Ramona Veterans of Foreign Wars event in style: two stars on his shoulder and two Purple Heart medals pinned on the front of a Marine Corps uniform.

Weber, 69, appeared in a federal courtroom in downtown San Diego yesterday with considerably less pomp. He faces a charge under the 2005 Stolen Valor Act of wearing military medals he didn’t earn while passing himself off as a Marine major general at VFW Post 3783’s birthday celebration for the Corps.

SignOn San Diego reports.

A case of stolen valor

December 30, 2009 | The Law Office of Philip D. Cave

A man accused of posing as a Marine major general at a Veterans of Foreign Wars party in Ramona to celebrate the birthday of the Marine Corps was arraigned Wednesday on a federal misdemeanor charge of making false claims about military decorations or medals.

San Diego News Network reports.

On base search, evidence in state prosecution

December 29, 2009 | The Law Office of Philip D. Cave

Federal law should govern a federal NCIS search on a military base for evidence of a murder of a civilian employee on the base that ends up prosecuted in state court. The court finds that this is a narrow issue in this case. The security search of defendant’s car on the military base was also valid. State v. Torres, 2009 Haw. App. LEXIS 781 (December 15, 2009).

Fourthamendment.com.

No search of cellphone without warrant?

December 26, 2009 | The Law Office of Philip D. Cave

Thanks to howappealing.law.com, here is a Ohio State Supreme Court opinion in State v. Smith. The issue is warrantless searches of cell-phones. While this issue may have been raised in a court-martial, I don’t see a relevant military appellate decision. So the issue is apparently an open one for court-martial cases.

Here is a link to a New York Times editorial on the Ohio case.

The Ohio Supreme Court has struck an important blow for privacy rights, ruling that the police need a warrant to search a cellphone. The court rightly recognized that cellphones today are a lot more than just telephones, that they hold a wealth of personal information and that the privacy interest in them is considerable. This was the first such ruling from a state supreme court. It is a model for other courts to follow.