Here is a 10News report of a Marine at San Diego, a law school graduate on his way to becoming a Marine judge advocate.
A San Diego-based U.S. Marine officer, Capt. DW who is accused of rape and indecent assault, will be tried in a general court-martial set to begin Wednesday, Marine Corps officials said.
CAAF has released an opinion in United States v. Bush, __ M.J. ___ (C.A.A.F. 2009). That means, according to CAAFLog, two more to go before of all of the current pending decisions have been released. Judge Erdmann writes the opinion; Judge Ryan writes a “concur in the judgment” opinion which Judge Stuckey is in agreement with.
This is a post-trial speedy review case. The NMCCA decision was affirmed which denied relief. Appellant had submitted a general claim of prejudice without any supporting documents. The court also decided that the NMCCA erred in placing the burden on appellant to produce evidence of prejudice, but the error of burden shifting was harmless beyond reasonable doubt. The court specifically avoided creating a presumption of prejudice for future cases.
In her concurring opinion Judge Ryan said she wants to revisit the post-trial delay jurisprudence, and reject any decision-making based on a public perception of injustice theory. She is open to the possibility of relief where there is actual prejudice.
Professor Colin Miller of the excellent EvidenceProf blog alerts that the CrimLawProf blog is back up and running with a new cast of characters.
Here’s a little more on the Army’s reinstatement of the QMP program from Nancy Montgomery with Stars & Stripes.
After nearly seven years of suspension, what the Army calls the “Qualitative Management Program” is back, providing a means, the Army says, of ridding the service of marginal leaders. The QMP review applies to all retirement-eligible master sergeants, sergeants major and sergeants first class with 20 to 30 years of service in the regular Army, as well as the active Reserves and National Guard
I would assume that a side effect of this policy would be less willingness to grant certain types of clemency post-trial. I remember two “bottom-blows” in the Navy where less clemency was a side effect.
Military.com is reporting: August 14, 2009
(The talk is reported here.)
Associated Press
Yesterday was a post about another active duty war protestor. Here is an update and some commentary.
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Armed for Court-Martial Combat, The Austin Chronicle.
With several military personnel on death row and in the federal appeals/habeas process, and several death referred cases pending, here is an interesting article on some federal judges pushing back on limits on appeals.
Limits On Death Penalty Review Sparking Judges’ Dissents
Posted Aug 14 2009 –
From the Killeen Daily Herald News, by Rebecca LaFlure
(photo Steven Doll)
Sgt. Travis Bishop, 57th Expeditionary Signal Battalion, walks out of a military court at Fort Hood with supporter Cindy Thomas, manager of Under the Hood Café Thursday afternoon on the first day of his special court-martial.
A Fort Hood soldier who says fighting in a war violates his religious views faces up to a year in jail for refusing orders to deploy to Afghanistan.
NMCCA has an unpublished opinion on line in United States v. Thomas. The case is interesting partly because it is an recitation of some facts vice news reported “facts.”
I find footnote 3 to the decision of some interest:
The Second Circuit has found that removal of any person who has previously served on a jury that ultimately acquitted an accused is an appropriate reason, regardless of race, for future challenge. United States v. Douglas, 525 F.3d 225 (2nd Cir. 2008).
By Seth Robson, Stars and Stripes
Mideast edition, Saturday, August 15, 2009
GRAFENWÖHR, Germany — The life sentence of a U.S. soldier convicted for the execution-style killings of four bound and blindfolded Iraqi detainees has been reduced to 40 years, military officials announced Friday.
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Court-Martial Trial Practice Blog
