Court-Martial Trial Practice Blog
FindlawBlotter has this piece:
Obama, the Death Penalty and Military Executions
Have Briefcase (and
Internet), Will TravelFor a Free Consultation
Pot-luck
Military.com reports:
Arizona sheriff’s deputies busted three men identifying themselves as Army Soldiers with almost 700 pounds of marijuana and $10,000 in cash during a two-day sweep for human smugglers.
Navy, Air Force, and now the Army
Stars & Stripes reports:
Under the Enlisted Involuntary Early Separation Program, soldiers who have fewer than 180 days left on their enlistment will be given a choice when their units deploy: They will be offered incentives to complete the deployment or be involuntarily separated up to 90 days prior to the end of their enlistment, according to an Army message.
Military.com reports:
Pendleton-8 to be discharged
North County Times reports:
Four members of a Camp Pendleton squad convicted of taking part in the kidnapping and murder of an Iraqi civilian in 2006 have been ordered by the Secretary of the Navy to be removed from the military.
Secretary Ray Mabus also directed the Marine Corps to demonstrate why a lieutenant who oversaw the unit and acknowledged abusing detainees should be allowed to stay in the service.
AF Nurse DNR case does begin
DallasNews.com reports:
Fontana’s attorneys argued Tuesday that the patients were gravely ill and their life-expectancy was impossible to predict. They also blamed vague doctors’ orders, poor hospital protocol and sloppy record-keeping in the intensive care unit for the deaths.
I think what they mean is that in the court-martial opening statement the defense said . . .
NMCCA has 6 new decisions – 1 reversed for IAC
NMCCA has issued six new decisions, of which four are merits.
United States v. Maharrey, post-trial delay case.
United States v. Thornton. Appellant raises ineffective assistance of counsel (IAC) and sufficiency of the evidence. The findings and sentence are set-aside based on the IAC. The IAC relates to several issues: failure to properly advise on forum; failure to prepare appellant to testify; failure to cross-examine some witnesses. A DuBay (United States v. DuBay, 37 C.M.R. 411 (1986)) hearing was ordered. The military judge found several issues of IAC. The DuBay judge did not agree with all the allegations of IAC.
Major Hasan’s war crimes trial requests
Military.com reports:
Fort Hood massacre suspect Maj. Nidal Malik Hasan sought to have some of his patients prosecuted for war crimes based on statements they made during psychiatric sessions with him, a captain who served on the base said Monday. (emphasis added)
Other psychiatrists complained to superiors that Hasan’s actions violated doctor-patient confidentiality, Capt. Shannon Meehan told The Dallas Morning News.
Army about to help the defense with discovery and preparation
I commented yesterday that the decision by the Homeland Security Committee could be a potential boon to defense discovery in Major Hasan’s court-martial at Fort Hood.
Homeland Security committee begins collecting discovery for the Major Hasan defense team.
It’s not clear yet, but it looks like the Army and Department of Defense might also be about to do the same. One of the major issues that counsel have to pursue in death penalty cases at court-martial is the persons background. Besides the potential insanity issue on the merits, it is critical to develop as much of a personal history and background as possible. That means the defense will be requesting, and if they are smart, the government providing the expert assistance of a mitigation expert. The committee and potential Army actions will be of potential assistance to the defense. True, the investigations could develop something negative, but in this case that’s not something the defense needs to worry about at this stage. The defense needs information, the prosecution will try to stop or delay them getting it, so outside help is welcome.
Homeland Security committee begins collecting discovery for the Major Hasan defense team
Army Times reports:
Sen. Susan Collins of Maine says the Senate Homeland Security Committee will open an investigation into the murders at Fort Hood with a public hearing this week.
Major Hasan is facing 13 specifications of premeditated murder and likely any number of other lesser charges at court-martial.
AF “bottom blow”?
I commented a while ago about the Navy bottom-blow to remove the lowest quality performers to meet numbers. Stars & Stripes reports the AF needs to reduce, but it’s not clear how the reduction will be accomplished.