You’ll remember some time ago now that a suspect was arrested trying to visit Major Hasan while in hospital.

A Texas man accused of saying he legally represented alleged Fort Hood shooter Nidal Malik Hasan is bipolar and was off his medication, his lawyer said.

Senan Kahtan Abrahem of San Antonio was released Monday on unsecured bond after his lawyer told a federal magistrate Abrahem had resumed his medication and was not a flight risk, the San Antonio Express-News reported Tuesday.

An attorney for the Army psychiatrist accused of going on a shooting rampage at Fort Hood said Monday he wants his client’s mental evaluation delayed, citing a potential conflict of interest with the exam panel.

Army officials previously appointed a three-member board of military mental health professionals to determine whether Maj. Nidal Hasan is competent to stand trial and his mental status the day of the November shooting, which left 13 dead and dozens wounded on the Texas Army post.

Military.com reports.image

I’m traveling to the USDB (and get to come home), so here are some hits.

I follow fourthamendment.com blog every day.  Here is part of his reference to Huntzinger, and CAAF’s pending oral argument.

Don’t expect a decision in a while. I’ve always been intrigued by the quality of opinions from the CAAF, so I’m looking forward to it.

Well, that may be anti-climatic?  I think the Supremes punted.  Here’s a link to the Briscoe memorandum opinion, more later.

PER CURIAM. We vacate the judgment of the Supreme Court of Vir-ginia and remand the case for further proceedings not inconsistent with the opinion in Melendez-Diaz v. Massa-chusetts, 557 U. S. ___ (2009).

Fort Lewis case of the soldier accused of causing the death of his 16 year old girlfriend with a drug overdose.

A 20-year-old Fort Lewis soldier has been found guilty of involuntary manslaughter in the overdose death of his 16-year-old girlfriend in his barracks.

A military judge ruled Friday that Pvt. Timothy Bennitt was guilty of “aiding and abetting” Leah King’s wrongful use of the painkiller oxymorphone and anxiety pill Xanax.

Here’s a catch-up on some recent news items.

CAAF, ACCA, and CGCCA have issued some published opinions.  Thanks CAAFLog for the following items on cases.

United States v. Franklin, __ M.J. ___, No. ARMY 20090035 (A. Ct. Crim. App. Jan. 20, 2010) (per curiam).  The opinion is available here.

A challenge to the Stolen Valor Act is being made based on the First Amendment.

Rick Strandlof may have lied about being a decorated Iraq War veteran, but those lies are protected by the First Amendment, according to his attorney and a civil liberties organization.

imageWould you trust this man in a foxhole?

Army authorities are now claiming that Galesburg soldier Spc. Billy Miller had [AP] on his computer as well as alleged [CP] .  Miller’s tour in Afghanistan has been involuntarily extended by the army while it investigates charges of possession of [CP] and failing to obey a general order. . . . But now military officials say the failing to obey a general order charge relates to pornography involving adults found on the Illinois National Guard soldier’s computer. Soldiers are not allowed to possess pornography in Afghanistan[.]

Galesburg.com reports.

A child pornography charge and a related count filed against an Illinois Army National Guard soldier in Afghanistan do not stem from family photos of a young relative, a U.S. Army spokesman told The Associated Press on Tuesday. . . . "In this case however, it was important to set the record straight with regards to the photos of the (relative) being portrayed as evidence leading to [CP] charges in this case. They are not," Clementson wrote.

Three interesting grants from CAAF in the last few days.

No. 07-0401/NA. U.S. v. Russell B. MULLINS. CCA 200200988. Review granted on the following issues:

WHETHER THE LOWER COURT IN HOLDING THAT THERE WAS NOTHING IMPERMISSIBLE IN THE MILITARY JUDGE ALLOWING THE GOVERNMENT TO INTRODUCE LIE DETECTOR TESTIMONY IN VIOLATION OF MILITARY RULE OF EVIDENCE 702.

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