Uncategorized Category Archives — Page 88 of 116 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Hasan update

December 17, 2009 | The Law Office of Philip D. Cave

Rumor has it that there are now 12 trial counsel assigned to the prosecution of Major Nidal Malik Hasan, at least one of whom has military death penalty litigation experience.

The defense remains at three with Mr. Galligan and two military defense counsel, none of whom have death penalty experience under the UCMJ.

The Army psychiatrist charged with fatally shooting 13 people at Fort Hood last month has been moved from a hospital intensive care unit to a private room, his attorney said Wednesday. Maj. Nidal Malik Hasan remains under guard at Brooke Army Medical Center in San Antonio and is rehabilitating from wounds that left him paralyzed from the waist down.

An Iraq death prosecution

December 16, 2009 | The Law Office of Philip D. Cave

An Army captain from Evergreen, accused of ordering Iraqi officers to kill two Iraqi civilians, will find out in the next few weeks if his case will go before a court martial.

The United States Military "preferred" one count of reckless endangerment and two counts of premeditated murder against Capt. Carl Bjork on Nov. 3.

Reports 9NEWS.com. An Article 32, UCMJ, investigation has yet to be ordered, so no court-martial for a while.

Stolen valor guilt 1 — remorse unknown

December 16, 2009 | The Law Office of Philip D. Cave

A Palm Springs man who surprised former classmates at his high school reunion in Martinez when he showed up in a Marine Corps uniform has pleaded guilty to wearing military medals that he never earned.

He will face as much as a year in prison and up to a $100,000 fine when he is sentenced March 1. He remains free on $10,000 bond.

The SFGate reports.

Cellphone search requires warrant

December 15, 2009 | The Law Office of Philip D. Cave

Ohio holds today (4-3) that a cell phone search requires a warrant without exigent circumstances. Therefore, it was not subject to a search incident. Today’s cell phones are analogous to a computer. State v. Smith, 2009 Ohio 6426 (December 15, 2009).

FourthAmendment blog reports. Seems there ought to be similar results for a military search and that the fruits of a warrantless search should similarly be excluded at court-martial.

Around military justice

December 14, 2009 | The Law Office of Philip D. Cave

A Fort Benning soldier has been sentenced to life in a military prison for the slaying of an Army trainee who was repeatedly stabbed with a knife in his barracks last year.

Reports WDBJ7.com.

A hearing will be held at 2 p.m. Tuesday for Capt. Herbert “Mark” Hamilton III, who was charged Nov. 3 with multiple offenses, including indecent acts, sodomy, fraud and conduct unbecoming an officer.

Collateral effects of PTSD

December 13, 2009 | The Law Office of Philip D. Cave

The downloading of CP?

This local story from Virginia, which is headlined "Navy officer gets 40 months for child porn," reflects recent debates over both the federal child porn sentencing guidelines and showing leniency for those who served our country in the military. Here are the details:

A Navy lieutenant commander who served in Iraq with an elite Riverine unit was sentenced today to 40 months in prison after admitting he downloaded child pornography. John J. Hall blamed his actions in part on post traumatic stress disorder, a claim that the judge in the case took into account in granting leniency.

How could he

December 13, 2009 | The Law Office of Philip D. Cave

I’ve commented before about The Conscience of a Lawyer, the story of a how could you represent a really bad person. Here is an excellent article about Colonel Galligan who is representing Major Nidal Milak Hasan for the shootings at Fort Hood.

The Dallas News.com

Major Hasan update

December 11, 2009 | The Law Office of Philip D. Cave

The Army Times reports that the prosecution is being bolstered for the court-martial of Major Hasan for his court-martial at Fort Hood.

A senior military official said Friday that a new lead prosecutor has been appointed in the Fort Hood shooting case, a man who secured the death penalty in a similar case four years ago.

Col. Michael Mulligan will head the prosecution of Maj. Nidal Hasan, said the official, who spoke on condition of anonymity because the official was not authorized to discuss the investigation.

Chessani recommendation

December 11, 2009 | The Law Office of Philip D. Cave

Having avoided a court-martial, it appears that LtCol Chessani has obtained a recommendation that he be allowed to retire in his current grade.

A three-member panel found Friday that a former battalion commander charged with failing to fully disclose and investigate the killing of two dozen Iraqi men, women and children in 2005 should retire at his current rank.

The panel of senior officers decided that Lt. Col. Jeffrey Chessani “demonstrated substandard performance of duty, but did not commit any acts of misconduct,” a Marine Corps spokeswoman, Maj. Erin Wiener, said in an email.

Sailor’s murder trial

December 9, 2009 | The Law Office of Philip D. Cave

A sailor accused of fatally shooting a man outside a Florida nightclub in 2007 will be court-martialed on a murder charge next week at Naval Station Mayport.

Navy Times reports, the court-martial will be for killing a owner of a night club in Jacksonville, FL. The article cites Article 111, UCMJ, but I suspect they mean 118.