Court-Martial Trial Practice Blog

Major Hasan’s future lawyers

November 9, 2009 | The Law Office of Philip D. Cave

Anyone who knows anything about death penalty cases knows that allegations of ineffective assistance of counsel (IAC) will figure significantly in an appeal. It’s given that no matter how hard they work they’ll be accused of incompetence.

Today, the Supreme Court summarily reversed a Sixth Circuit case in which the circuit court found IAC. Here is a link to the court’s order in Bobby v. Van Hook. It is of interest because the court was critical of the circuit courts reliance on the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases. Here are the Guidelines.

/tip SCOTUSBlog.

Firefox plug-in alternative to Google reader

November 8, 2009 | The Law Office of Philip D. Cave

Frustrated with Google Reader, I began using and recommending Morning Coffee as a Firefox plug-in. I still think MC is a good tool if you are only interested in looking at certain websites once or twice a day, or once a week. However, for me that’s not flexible enough.

Thanks to Practicing Law in the 21st Century-A Law & Technology Blog, I have been directed to www.feedly.com as a plug-in to FF. This plug-in is a great alternative to Google Reader, and combined with MC can give you flexibility in keeping track of what’s happening out there. Basically it is a place to collate all of your RSS (or similar) feeds.d

Marine in pretrial confinement for murder

November 8, 2009 | The Law Office of Philip D. Cave

JDNews of Jacksonville, NC, reports:

Private Jonathan Law, 21, was placed in custody of authorities at the Camp Lejeune Brig Sunday, for the alleged homicide of Cpl. Joshua E. Hartzell, 22, according to a release from 2d Marine Logistics Group.

Law was moved Saturday night from Pitt County Memorial Hospital, where he was treated for self-inflicted wounds, to the brig, according to the release.

Time for national service

November 8, 2009 | The Law Office of Philip D. Cave

Huffington Post reports:

Where Will They Get the Troops? Preparing Undeployables for the Afghan Front

As the Obama administration debates whether to send tens of thousands of extra troops to Afghanistan, an already overstretched military is increasingly struggling to meet its deployment numbers. Surprisingly, one place it seems to be targeting is military personnel who go absent without leave (AWOL) and then are caught or turn themselves in.

Motions practice

November 7, 2009 | The Law Office of Philip D. Cave

Here are four very good tips from Evan Schaeffer of The Trial Practice Tips Weblog:

“When the Judge Agrees With You, Stop Talking.”

“Look at the Judge, Not Your Opposing Counsel”

President prejudices the prosecution of Major Hasan?

November 7, 2009 | The Law Office of Philip D. Cave

Kens5.com reports:

While Major Nidal Hasan recovers in a hospital, the depth and complexity of the legal case which could soon surround him is expansive and could take years to conclude, according to well-known defense attorney, Jack Zimmermann.

In addition to pretrial statements, it is to be considered that the president as commander in chief is the one who ultimately approves a death sentence and signs the warrant. Should President Obama remain in office for a second term, it’s possible he might get to make that decision. He already has one military death penalty warrant sitting somewhere in his office for consideration.

The charge sheet ICO United States v. Hamilton

November 7, 2009 | The Law Office of Philip D. Cave

Here is a copy of the preferred charges in subject case, courtesy of CGBlog.

Posts about this case UP: Coastie O-5 in serious trouble

Guns galore for Major Nidal Hasan

November 7, 2009 | The Law Office of Philip D. Cave

NY Daily News and FoxNews.com report:

A 5.7-millimeter pistol used in the Fort Hood shooting was purchased legally by suspect Nidal Hasan at a Texas gun shop, law enforcement officials said Friday.

Army Col. John Rossi, deputy commander at Fort Hood, confirmed at a news conference late Friday in Texas that the two weapons carried by Hasan were not military arms, but "privately owned weapons … purchased locally."

NMCCA issues 15 decisions today

November 6, 2009 | The Law Office of Philip D. Cave

All were submitted on their merits. All except one was a straight legal affirmance.

In United States v. Carney, the court themselves found two errors that needed to be corrected. The convening authority failed to suspend the bad conduct discharge as agreed in a pretrial agreement, and a multiplicity issue was reviewed for plain error and granted. The sentence as adjudged was affirmed.

Red on red killing at Camp Lejeune

November 6, 2009 | The Law Office of Philip D. Cave

WWAY NewsChannel 3 reports:

Twenty-one-year-old Private Jonathan Law is in custody for the murder of another Marine early Friday morning. Officials still have their own questions regarding the incident, and are saying little about what they do know.

ENC Today.com reports that Pvt Law have attempted suicide.