Uncategorized Category Archives — Page 94 of 116 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Major Hasan’s religion a reason not to impose a death penalty?

November 10, 2009 | The Law Office of Philip D. Cave

I’m not posting much at the moment on the Fort Hood tragedy. People can follow the news as easily as I can. However, this article by Will Heaven in the (U.K.) Daily Telegraph did raise an eyebrow.

Fort Hood shooting: the death penalty would make Nidal Malik Hasan an Islamic martyr

The implication of the article is that commanders should make a political decision that seeking the death penalty is not a good idea. Equally I suppose an argument could be made that the defense should make the geo-politics an issue because anything that might be “mitigating” must be considered when seeking to impose the death penalty. I’m not an advocate of the death penalty for various reasons; a political decision is not one of the reasons I’m against the death penalty though.

Major Hasan’s future lawyers

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

Anyone who knows anything about death penalty cases knows that allegations of ineffective assistance of counsel (IAC) will figure significantly in an appeal. It’s given that no matter how hard they work they’ll be accused of incompetence.

Today, the Supreme Court summarily reversed a Sixth Circuit case in which the circuit court found IAC. Here is a link to the court’s order in Bobby v. Van Hook. It is of interest because the court was critical of the circuit courts reliance on the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases. Here are the Guidelines.

/tip SCOTUSBlog.

Marine in pretrial confinement for murder

November 8, 2009 | The Law Office of Philip D. Cave

JDNews of Jacksonville, NC, reports:

Private Jonathan Law, 21, was placed in custody of authorities at the Camp Lejeune Brig Sunday, for the alleged homicide of Cpl. Joshua E. Hartzell, 22, according to a release from 2d Marine Logistics Group.

Law was moved Saturday night from Pitt County Memorial Hospital, where he was treated for self-inflicted wounds, to the brig, according to the release.

Time for national service

November 8, 2009 | The Law Office of Philip D. Cave

Huffington Post reports:

Where Will They Get the Troops? Preparing Undeployables for the Afghan Front

As the Obama administration debates whether to send tens of thousands of extra troops to Afghanistan, an already overstretched military is increasingly struggling to meet its deployment numbers. Surprisingly, one place it seems to be targeting is military personnel who go absent without leave (AWOL) and then are caught or turn themselves in.

The charge sheet ICO United States v. Hamilton

November 7, 2009 | The Law Office of Philip D. Cave

Here is a copy of the preferred charges in subject case, courtesy of CGBlog.

Posts about this case UP: Coastie O-5 in serious trouble

Red on red killing at Camp Lejeune

November 6, 2009 | The Law Office of Philip D. Cave

WWAY NewsChannel 3 reports:

Twenty-one-year-old Private Jonathan Law is in custody for the murder of another Marine early Friday morning. Officials still have their own questions regarding the incident, and are saying little about what they do know.

ENC Today.com reports that Pvt Law have attempted suicide.

Another child death case

November 6, 2009 | The Law Office of Philip D. Cave

Azcentral.com reports that:

A U.S. Airman stationed in England is facing a court martial at Luke Air Force Base over charges that he smothered his 11-month old son.

Navy PTA clause

November 5, 2009 | The Law Office of Philip D. Cave

CAAFLog has this interesting post and question about a new (?) clause in standard Navy PTA’s that remove good time credit.

This Agreement constitutes my request for, and the convening authority’s approval of, deferment of all confinement suspended pursuant to the terms of this Agreement and deferment for the days of “good time” (as defined by SECNAVINST 1640.9B) that I may earn while in confinement prior to the convening authority taking action on the sentence. The period of deferment will run from the date of sentencing until the date the convening authority acts on the sentence.

And here is CAAFlog’s question:

1Lt Behenna update

November 5, 2009 | The Law Office of Philip D. Cave

Robert Don Gifford has provided an update on the Behenna case.

The entire Oklahoma congressional delegation signed a letter for clemency on his behalf.

Recent radiocast from Tulsa radio morning program by host Pat Campbell

Bridging the gap on CAAF

November 5, 2009 | The Law Office of Philip D. Cave

The Leaf Chronicle reports:

Military training takes many forms, and it doesn’t always involve guns and explosives, occasionally the weapon of choice is law books and verbal assaults.

The U.S. Court of Appeals for the Armed Forces on Wednesday heard the case of an Air Force staff sergeant at Fort Campbell, giving new military lawyers a glimpse of the court in which they will someday argue cases.