Court-Martial Trial Practice Blog

The next SCOTUS Justice?

March 18, 2010 | The Law Office of Philip D. Cave

A case the U.S. Supreme Court has taken up over a Christian group’s challenge to UC Hastings College of the Law’s nondiscrimination policy for student groups could end up influencing the political debate over a possible vacancy on the court this summer.

In many ways, the case puts 7th U.S. Circuit Court of Appeals Judge Diane P. Wood, one of the leading contenders for the eventual opening, in the same position that then-2nd Circuit Judge Sonia Sotomayor was in last year over her role in a case before the court last term.

Nidal Malik Hasan update

March 18, 2010 | The Law Office of Philip D. Cave

WOAI.com reports:

Hasan’s lawyer claims the U.S. Army is withholding key information he needs to defend Hasan.

Attorney John Galligan said he has been waiting months for classified material needed to help his client. He said he has been given limited access to criminal investigation files.

Another abuse of power case?

March 18, 2010 | The Law Office of Philip D. Cave

Military.com reports:

Last summer, more than a year after completing a seemingly successful tour as commanding officer of the amphibious assault ship Wasp, Capt. Michael Hawley was removed from his post as the head of a Norfolk-based training group. . . .

But a report from the Naval Inspector General’s office outlines six personal or professional violations, including pressuring deployed Wasp Sailors to buy suits and guns from visiting merchants and pilfering a set of salt-and-pepper shakers while attending a dinner hosted by the Canadian navy.

New CAAF opinion dealing with search authorizations in CP cases

March 17, 2010 | The Law Office of Philip D. Cave

United States v. Clayton. Another special exception, in of course, a CP case.

The dissent says it all.

RYAN, J., with whom ERDMANN, J., joins (dissenting):

Birther Orly Taitz “news”

March 17, 2010 | The Law Office of Philip D. Cave

You may remember the serious of stories about lawyer Orly Taitz, and you may remember that she was sanctioned for her actions in the case of an Army captain seeking to stop her deployment. Well . . .

The Orange County Register reports that:

Orly Taitz has been dealt another legal loss in her battle to prove President Barack Obama is not qualified to be president, as a federal appeals court in Atlanta has upheld a judge’s $20,000 sanction of Taitz.

New ACCA opinion

March 16, 2010 | The Law Office of Philip D. Cave

ACCA has issued an opinion in United States v. Watson, another administrative discharge issued pending appeal, this time an officer.

A military judge sitting as a general court-martial convicted appellant,
pursuant to her pleas, of larceny of government property and fraud against the
United States (two specifications), in violation of Articles 121 and 132, Uniform
Code of Military Justice, 10 U.S.C. §§ 921 and 932 [hereinafter UCMJ]. The
military judge sentenced appellant to a dismissal, confinement for seven months, a
fine of $135,000, and forfeiture of all pay and allowances.

Prior to convening authority action, appellant, a reserve officer, was released
from active duty (REFRAD). While pending appellate review, appellant received
orders placing her in an inactive status. After convening authority action approving
her dismissal, she received discharge orders and an honorable discharge certificate.

Coastie O-6 headed to trial

March 16, 2010 | The Law Office of Philip D. Cave

Navy Times reports that:

A former sector commander in Alaska is facing a general court-marital for charges of adultery, fraternization and other sexual improprieties.

Capt. Herbert “Mark” Hamilton III has been charged with 30 counts, including: failing to follow orders; lying to investigators; committing adultery with enlisted personnel; sending and receiving “sexual and amorous text messages” using a government cell phone; photographing sexual acts; downloading and storing sexually explicit material on his government-issued laptop; and making an official phone call “while engaged in sexual activity,” according to charging documents.

Hennis update

March 16, 2010 | The Law Office of Philip D. Cave

Fay Observer reports that:

U.S. District Judge Terrence Boyle on Wednesday dismissed an effort by Army Master Sgt. Timothy Bailey Hennis to stop his court-martial for a 1985 triple homicide near Fort Bragg.

A jury has been seated in the court-martial. Opening statements and testimony are scheduled to begin today.

Hennis update

March 15, 2010 | The Law Office of Philip D. Cave

The FayObserver.com is reporting that a members panel has been selected and that trial on the merits will begin Wednesday, 17 March 2009.

Up periscope

March 15, 2010 | The Law Office of Philip D. Cave

FayObserver.com reports that the Hennis members selection is still ongoing, apparently they have 11.

The Telegraph.co.uk reports the following: US Navy crew’s mutiny against the ‘Sea Witch’ captain who ‘ belittled’ them

Standing on the bridge of her warship with the ocean before her and a crew of men awaiting her command, the future looked fantastic for Captain Holly Graf, the first American woman to take charge of a US Navy cruiser.