Temple Daily Telegraph reports: The attorney for accused Fort Hood shooter Maj. Nidal Hasan has requested that Hasan face military court martial in March 2012. Hasan’s attorney John Galligan has also asked that Hasan be arraigned on Fort Hood on July 20.
Here is Professor Friedman The Great with initial thoughts.
Here is an advert for “Officer’s Oath” to be published by LTC Lakin in concert with Jack Cashill. I found this to be a curious assertion.
[T]he handful of Terry’s detractors have been dwarfed by the mountain of supporters. Not all agree with his methods, but none have faulted his commitment to the Constitution, the Truth, and his oath as an officer in the US Army.
Army Times reports: Sgt. Mitchell Streeter was overwhelmed. Twice deployed, he was suffering from post-traumatic stress disorder, unable to sleep, stressed out by his job as a recruiter, and now he was being forced out of the Army after a drunken-driving arrest. The story is much larger than that unfortunately.
Air Force Times reports:
A wing commander who used a fighter jet for personal trips and pocketed nearly $96,000 in extra pay for unauthorized compensatory time has left his job with the Alabama Air National Guard’s 187th Fighter Wing. LtCol Smiley’s photo, courtesy of AFT, is probably a pre-decisional one.
WDRB.com reports: The U.S. Army charged Sgt. Brent Burke at around 3 p.m. July 8 for violating Article 118 of the Uniform Code of Military Justice. Burke has formally been charged with two specifications of premeditated murder and it has been alleged "in that Sergeant (E-5) Brent A. Burke, U.S. Army, did at or near Rineyville, Ky. on or about Sept. 11, 2007, with premeditation, murder Tracy Burke by means of shooting her with a firearm and that he did, at or near Rineyville, Ky., on or about Sept. 11, 2007, with premeditation, murder Karen Comer by means of shooting her with a firearm.
Navy Times reports: A master-at-arms posted at a Navy nuclear warhead storehouse was found guilty June 23 of the repeated rape of a girl and handed a 45-year sentence after a four-day general court-martial at Naval Base Kitsap-Bremerton, Wash.
Navy Times reports: A 44-year-old Navy JAG attorney has been sentenced to more than 10 years in federal prison for receiving and distributing child pornography. And the Houston Chronicle, and the Corpus Christi Caller (which contributed the photo). The caller reports he has resigned his right to practice law in Kansas. Federal agents in October used a search warrant and found more than 200 images and 98 videos of suspected child pornography on two of his computers, according to the news release. And KRISTV.com. Tilford has been in custody since his arrest on Jan. 5, 2011[.]
Another collateral consequences note, from United States v. Taylor, No. 10-3132 (7th Cir. July 7, 2011).
Taylor was serving in the Navy when he was charged with forcible sodomy in violation of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 925. He pleaded guilty, and a general court-martial sentenced him to seven months in prison.
Kenneth Lee Taylor entered an open plea of guilty, without the benefit of a plea agreement, for failing to register as a sex offender in violation of the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. § 2250. The district court judge sentenced Taylor to eighteen months in prison, twenty years of supervised released, and a $100 special assessment fee. We affirm.
Stars & Stripes reports: The postponed court-martial for an airman accused of killing his 8-month-old son has been set for Sept. 8, a Spangdahlem spokeswoman said Thursday.
KUT reports: The lawyer for Major Nidal Hasan claims the Army’s decision to try his client before a court-martial wasn’t a surprise, but that wasn’t properly notified about the decision. The decision was announced this morning by the post’s commander. Lieutenant General Donald Campbell also authorized the death penalty as a possible punishment. Attorney John Galligan said he was upset about not being notified of the decision earlier. (Not unusual. But you’d think they’d do the courtesy of providing the defense counsel the documents at the same time as service on the client and announcement.)
KCENTTV.com has a video interview with John Galligan about Major Hasan.
The next up in a series of confrontation cases. I’ve already put you onto the great Professor Friedman.
Here are the links courtesy of SCOTUSBlog to the documents beyond the Illinois opinion.
Certiorari-stage documents
Let’s been lots going on with the DADT issue. Yesterday Washington Blade reports: A federal appellate court in California on Wednesday overturned a stay on an injunction that had barred the U.S. government from enforcing “Don’t Ask, Don’t Tell,” allowing gay service members to start serving openly in the armed forces. And the New York Times reports: A three-judge panel of the United States Court of Appeals for the Ninth Circuit issued a two-page order against the policy known as “don’t ask, don’t tell” in a case brought by the groupLog Cabin Republicans.
Court-Martial Trial Practice Blog
