court-martial Tag Archives — Page 51 of 61 — Court-Martial Trial Practice Blog

Major Hasan’s pretrial confinement hearing

December 20, 2009 | The Law Office of Philip D. Cave

The man accused of the Fort Hood shooting rampage is facing tighter restrictions on his communication with the world outside the hospital room, where he lies paralyzed from the chest down, his lawyer said Monday.

The lawyer, John P. Galligan, said Maj. Nidal Malik Hasan fell asleep during an hour-long hearing held at his hospital bed on Saturday, during which a military magistrate ruled that the suspect should be placed in pretrial confinement. That is a legal status that essentially turns his hospital room, at Brooke Army Medical Center in San Antonio, into a jail cell.

He added that he is concerned the Army plans to move Maj. Hasan to Bell County jail here, which is under contract with Fort Hood to serve as a brig, when house-arrest might be more appropriate.

Pregnancy and court-martial

December 20, 2009 | The Law Office of Philip D. Cave

You’ll have seen the blogging and news reports about the potential consequences of a pregnancy while serving in the AOR – which could include court-martial.

A US Army general in northern Iraq has defended his decision to add pregnancy to the list of reasons a soldier under his command could face court martial.

The BBC reports.

Up periscope

December 20, 2009 | The Law Office of Philip D. Cave

A former Navy master chief petty officer was sentenced Dec. 11 to four years in prison for stealing nearly $40 million in fuel from the U.S. Army in Iraq, according to the Department of Justice.

Stars & Stripes reports. One suspects he might of received a higher sentence if prosecuted at court-martial under the UCMJ, as a retiree recall.

A wide-ranging Department of Defense survey revealed the rate of servicemembers attempting suicide has doubled in recent years, coinciding with an increase in those reporting symptoms of post-traumatic stress disorder and those abusing prescription drugs.

Not surprised

December 20, 2009 | The Law Office of Philip D. Cave

Why am I not surprised by Issue III. See one of my earlier blogs — The Prosecutor’s Gamble. I’ve blogged several times about trial counsel “suppression” of evidence or information favorable to the defense, despite frequent public relations statements and appellate cases lauding the more open discovery to which a court-martial accused is entitled to under the UCMJ.

The military justice system provides for broader discovery than required by practice in federal civilian criminal trials. See United States v. Williams, 50 M.J. 436, 439-40 (C.A.A.F. 1999).

Statutory and implemental regulatory discovery rights of a military accused are more generous than the constitutional discovery rights of his civilian counterpart. See, e.g., United States v. Simmons, 38 M.J. 376 (C.M.A. 1993); United States v. Green, 37 M.J. 88 (C.M.A. 1993); United States v. Eshalomi, 23 M.J. 12 (C.M.A. 1986).

No Coast Guard leadership?

December 19, 2009 | The Law Office of Philip D. Cave

The Article 32, UCMJ, hearing for a Coast Guard O-6 accused of fraternization, adultery, and other offenses with enlisted and junior officer personnel is finished. An IO report is pending and then a CA decision. If the information reported as to the general nature of the case is true then it looks like the O-6 is on his way to trial or an OTHIL if he’s lucky.

Coast Guard Report is the blog questioning an absence of leadership related to disciplinary matters within the USCG.

Fraternization

December 18, 2009 | The Law Office of Philip D. Cave

A brief moment of sexual contact between a senior noncommissioned officer and a subordinate sent both soldiers down different roads of guilt and despair.

Military.com reports on a court-martial in Korea.

Acquitted

December 18, 2009 | The Law Office of Philip D. Cave

A sailor found not guilty of a fatal shooting at court-martial Thursday will return to work aboard the aircraft carrier Harry S. Truman, a Navy official said.

Navy Times reports

Some good and bad news

December 18, 2009 | The Law Office of Philip D. Cave

Sexual assault allegations at the USAFA have dropped, but risen at the other academies. But they have dropped overall. The report does not indicate the disposition of the cases – founded or unfounded, court-martial or other disciplinary actions under the UCMJ.

Marine Times reports

Get pregnant-get someone pregnant, go to jail

December 18, 2009 | The Law Office of Philip D. Cave

It is a possibility:

The Army general commanding U.S. forces in northern Iraq has added pregnancy to the list of prohibitions for personnel under his command.

The policy, which went into effect Nov. 4, makes it possible to face punishment, including a court-martial and jail time, for becoming pregnant or impregnating a servicemember, according to the wording of the policy and confirmations from Army officials.

Coast Guard 32 done

December 18, 2009 | The Law Office of Philip D. Cave

The military’s case against a Coast Guard captain accused of violating military code wrapped up Thursday with the officer’s lawyers admitting their client committed adultery and fraternized with enlisted women — but, they said, his behavior was not criminal.

Anchorage Daily News reports.

Here are some factors that will be considered by the IO, the SJA, the CA, and . . .