court-martial Tag Archives — Page 42 of 61 — Court-Martial Trial Practice Blog

Military, drugs, and sports – lots of tolerance

January 28, 2010 | The Law Office of Philip D. Cave

I have often wondered about how sports players get breaks regular people don’t. This applies within the military just as much as in the civilian community. Hypocrisy rains in the name of sports.

A Naval Academy football player is being permitted to continue as a midshipman even after testing positive for drug use, according to multiple sources and Web sites that have sprung up to criticize the decision.

Every day throughout the services young enlisted men and women are being disciplined, including court-martial, for drugs. Their lives are stained forever (this assumes a continuing of the low chance of success for a discharge upgrade). These un-athletic people are subject to:

Major Hasan – R.C.M. 706 update

January 27, 2010 | The Law Office of Philip D. Cave

Army officials agreed to delay a mental evaluation for the man suspected of going on a shooting spree at Fort Hood until after a military court hearing that will determine if he will stand trial, his attorney said Wednesday.

Houston Chronicle.com reports.

Lamb denied a request for civilian mental health experts to be on the panel, Galligan said, adding that "we will continue to fight that."

Major Hasan follow-up

January 26, 2010 | The Law Office of Philip D. Cave

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.

Major Hasan update

January 26, 2010 | The Law Office of Philip D. Cave

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.

Up periscope

January 25, 2010 | The Law Office of Philip D. Cave

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.

Up periscope – Weekend Edition 320110

January 24, 2010 | The Law Office of Philip D. Cave

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.

Up periscope

January 21, 2010 | The Law Office of Philip D. Cave

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.

Up periscope – 190110

January 19, 2010 | The Law Office of Philip D. Cave

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.

Shaken baby syndrome

January 19, 2010 | The Law Office of Philip D. Cave

Does it exist or not. Here are a couple of news articles about a pending case in Fairfax, VA.

Shaken baby syndrome itself is put on trial in Fairfax court

Shaken-baby syndrome at center of Fairfax trial

CAAF grants

January 19, 2010 | The Law Office of Philip D. Cave

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.