Reuters reports:
Lawyers for one of five U.S. soldiers accused of murdering unarmed Afghan civilians for sport petitioned a military appeals court on Thursday to open grisly photographic evidence in the case to public scrutiny.
The writ also sought to have the court in Arlington, Virginia, halt the so-called Article 32 investigative proceedings against the soldier, Private First Class Andrew Holmes, until the U.S. Army Court of Criminal Appeals had ruled on the defense petition.
CAAF has decided United States v. Alston.
Whether the military judge, over appellant’s objection, erroneously instructed the panel that aggravated sexual assault was a LIO of rape by force. No; elements test applied, see United States v. Jones, 68 M.J. 465, 472 (C.A.A.F. 2010).
WDAY 6 reports.
A master sergeant at Grand Forks Air Force Base is facing a court-martial late this month for alleged dereliction of duty.
The attorney for Master Sgt. Lisa Mashburn says she will be exonerated.
The media is reporting that the IO has recommended a death penalty referral. Quick but not unexpected.
Norbrook has a good piece here on Blue Wave News about Conscience and Duty. Worth a read.
And TPMMuckraker has this piece.
In the lead-up to the court martial, the American Patriot Foundation, the group that set up his legal defense fund, launched "Terry Lakin Action Week," and invoked Nuremberg to argue Lakin’s case[.]
Stars & Stripes reports.
A former airman has been convicted of second degree murder and witness tampering in connection with the death of an Army sergeant during a gang initiation ceremony in Germany.
Six other servicemembers have already been tried in military court in connection with the incident. Five received jail time ranging from two to 12 years. The sixth servicemember was found not guilty on all charges.
The U. S. Supreme Court denied a writ of certiorari today in United States v. Clayton.
Sorry Bill.
Barring anything unforseen it appears the Article 32, UCMJ, hearing will be finished with “evidence” today. Army Times reports.
The hearing was expected to wrap up Monday because lead defense attorney John Galligan has said he doesn’t plan to present any evidence. Military law experts say it’s not unusual for defense attorneys to forgo presenting evidence at Article 32 hearings, which are held to determine whether charges should move forward in military court.
The APF has launched it’s new campaign – Terry Lakin Action Week — to persuade members of Congress to get involved in establishing a new concept, that military officers may refuse duty at their whim.
With Congress back for the "lame duck" session we are urging Terry’s advocates to make calls to Capitol Hill- and to newly elected Members of Congress- during the week of Nov 15-19 to urge them to speak up for LTC Lakin and to provide feedback on the response to those calls. Remember that the U.S. Congress works for you- and that Members have a certain obligation to respond to constituent inquiries- but please be polite and respectful in advancing your point of view.
This is a reminder that LTC Lakin has not yet made some statement refuting his belief about the President’s eligibility or the birther movement. That would not be completely expected at this point and I would anticipate his counsel have told him not to make any more public statements.
FayObserver reports.
A federal judge has granted a third request for additional time to file a brief in an appeal for Timothy Hennis.
Janes has a report on the USS SAN ANTONIO court-martial — Defect-ridden USS San Antonio should not have sailed, court martial told
Court-Martial Trial Practice Blog
