Court-Martial Trial Practice

Larry Alexander,

Self-Defense

THE ROUTLEDGE COMPANION TO PHILOSOPHY OF LAW, Andrei Marmor, ed., Routledge Philosophy Companions, Forthcoming. San Diego Legal Studies Paper No. 11-065

kcentv.com reports that:  The court-martial for PFC Carl T. Stovall III began this morning on post with him pleading not guilty in a March 26, 2009, shooting that left a Hungarian man dead.

The Capital (HometownAnnapolis.com) reports:  Blue pants were a central piece of evidence Monday in the court-martial of a Naval Academy midshipman accused of raping a female classmate at the academy last year.

Colorado Springs Gazette reports that:  A former Fort Carson soldier convicted for his part in the 2007 shooting death of another soldier was denied parole on Thursday, according to the slain man’s mother.

postcrescent.com reports that:  U.S. Army military police have launched an investigation into the death of Staff Sgt. Garrick L. Eppinger Jr., his sisters told The Post-Crescent on Thursday. . . . [H]e was found dead Saturday at Bagram Airbase in eastern Afghanistan.

(h/t Outside the Wire)

CAAF remanded three more cases in light of Blazier and Sweeney.  Interestingly the CAAF had this “addition.”

¹ Nothing in this order is intended to limit the scope of the Court of Criminal Appeals’ review on remand, including, but not limited to, consideration of the issue raised in Judge Stucky’s separate opinion.

STUCKY, Judge (concurring in the result):

SCOTUSBlog notes the following criminal law cases to be argued at the Supreme Court on 4 October

Howes v. Fields,  "Custody" under Miranda.

Issue: Whether this Court’s clearly established precedent under 28 U.S.C. § 2254 holds that a prisoner is always "in custody" for purposes of Miranda any time that prisoner is isolated from the general prison population and questioned about conduct occurring outside the prison regardless of the surrounding circumstances.

Well, is the 9th Circuit due for another pounding for their allegedly errant ways?  Courtesy of SCOTUSBlog here are two opportunities.

Title: Cavazos v. Smith
Docket: 10-1115
Issue(s): Did the Ninth Circuit exceed its authority under 28 U.S.C. § 2254(d) by granting relief for insufficient evidence based on its acceptance of the cause-of-death testimony of defense experts over the contrary opinion testimony of prosecution experts?

Certiorari stage documents:

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply

The published opinion leads off with note that this is the second time they’d heard the case, the first before the Supremes remanded.  This is a shaken baby prosecution, and so should be of interest to military practitioners. 

Every now and again I post a post-service case relating to a court-martial.  Here is Pacheco v. Commandant USDB.  Note this case is in the ‘notorious,’ to military prisoners, 10th Circuit.  There are no military appellate decisions to link to:  ACCA gave its standard merits denial and CAAF denied.

This matter comes before the court on a petition for habeas corpus filed pursuant to 28 U.S.C. § 2241. Petitioner, a prisoner at the United States Disciplinary Barracks, Fort Leavenworth, Kansas, seeks habeas corpus relief on the ground that he received ineffective assistance of counsel during court-martial proceedings.

From time to time a military appellant will raise an issue at CAAF that the CCA did not properly consider their claims of error, as evidenced by the summary merits affirmance.  CAAF has not granted on such a claim.  Here is the Fed. Dist. Ct. for Kansas on the one line denials.

Army Times reports that:  Pvt. 1st Class Andrew Holmes, of Boise, Idaho, changed his plea to guilty in a deal with Army prosecutors [er, with the CA]. Holmes confessed in court that he fired a heavy machine gun at an unarmed Afghani man from 15 feet away.  He was sentenced to 15 years confinement, but  has a seven year confinement cap.

Rather than navigate to the list, here are the vacate and remands referenced by Dwight “My Liege” Sullivan on CAAFLog the other day.

No. 10-0265/AF. U.S. v. Douglas E. LONG. CCA 37044.

No. 11-0227/NA. U.S. v. Ros L. DAVIS. CCA 201000302.

CAAF announces its “Passing the Gavel” ceremony to be held 1300, 27 September 2011, at EStreet.

Chief Judge Efron will pass the gavel to Chief Judge Baker.