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10 Dec, 2007 12:42 pm
... APPEALS ERRED IN FINDING TRIAL DEFENSE COUNSEL INEFFECTIVE. WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED IN REJECTING TRIAL DEFENSE
COUNSEL'S AFFIDAVIT AS UNTIMELY. ... , No. 08-5003/AF (C.A.A.F. Dec. 7, 2007). The Air
Force Court's unpublished per curiam opinion in the case is available here. United ... have presented evidence in support of their
respective positions. However, it was not raised at trial and only the appellant has submitted information in support of his claim to this
Court. ...
2 Aug, 2007 3:02 pm
... without a legitimate medical reason is guilty of "wrongfully" dispensing the substance in violation of the [Controlled Substances Act, 21 U.S.C. 801, 802, 841(a)(f)].
Once an individual uses the controlled substance for some purpose other ... involves an unsuccessful plain error challenge to the propriety of the TC's closing argument. "In the
first statement complained of by the appellant, trial counsel referred to the 'Core Values' of the
Air Force (integrity, service before self, excellence) and ...
11 Apr 6:20 am
... in Afghanistan." The document brought the first full statement from the Obama Administration on its views about detainees in a U.S. military prison at the
air base outside Kabul. Previously, the Administration had simply told Judge Bates, without elaboration, ... military's attention and
resources at a critical time for operations in Afghanistan, potentially requiring accomodation and protection of counsel and onerous
discovery." Judge Bates had limited his ruling to just three Bagram detainees, ...
26 Jun 10:22 am
We previously discussed AFCCA's holding in United States v. Nerad, __ M.J. ___, No. ACM 36994 (A.F. Ct. Crim. App. May 29, ... and discretion to invalidate a finding of guilty
that was legally and factually sufficient. The Air Force Government Trial and Appellate Counsel Division today filed motions with AFCCA asking the court to reconsider that ... , asking
for reconsideration en banc, and asking for oral argument. We're putting in a FOIA request for JAJG's filings. We'll post them when we get them.
23 Sep, 2007 8:01 am
... with the United States' international obligations. [FN27] In the same hearings, the *1821 representative of the U.S. Department of Justice argued that the proposal to
allow the defense counsel but not the defendant to see classified information "properly administered by the military ... . [FN36] In 1992,
then-Colonel Charles Dunlap (now a brigadier general and deputy JAG of the U.S. Air Force), even wrote an essay in the form of a fictitious letter from the future describing a military coup by the ...
21 Nov, 2007 2:52 pm
... the article here 11/21/2007 The Air Force airman found dead in his Grand Forks apartment Monday
was facing a federal trial next month on child pornography charges. ... Grand Forks attorney, as local counsel. Dusek said Tuesday he could not comment on the case. Police said an autopsy was planned. Air
Force officials took over the ... 5 years in prison with a maximum of life prison and a $250,000 fine. The assistant U.S.
attorney prosecuting the case said he was saddened by the news of Massuccos death, ...
21 May, 2008 10:19 am
... CID 3rd MP Group and the U.S. Army Criminal Investigation Laboratory are based at Fort Gillem, and Air Force OSI maintains units at all ... summary court martial, for minor charges, in which a member of the Judge Advocate General's (JAG) Corps for the
particular military branch acts as both prosecutor and defense ... not included within the Sixth Amendment's right to jury trial by
longstanding practice). A serviceman or woman is entitled to be represented by counsel in any court martial proceeding, and ...
17 Mar, 2008 1:45 pm
... press conference announcing the filing of charges against the first of the "high value" detainees, Air Force Brigadier General Thomas Hartmann, legal advisor to the military commissions' "appointing ... abuse by U.S. military personnel while he
was held at Bagram-had its own variations on these themes. Al-Darbi's detailed defense counsel, Army ... defense to prove torture. While
the government has held some prisoners without trial for more than six years, and all of them for at least several years, ...
12 Feb 12:30 pm
... the initial litigation before AFCCA, the government then obtained an affidavit from the trial defense counsel and sought reconsideration, which AFCCA denied. The Judge Advocate General of the Air Force then certified the case to CAAF, which reversed the ... t allowed to change out of prison garb when he went to the Air Force base for legal appointments. Again, how is that claim either "speculative or conclusory"? Ah,
here's something that is conclusory. AFCCA concludes: "Returning to the Strickland ...
28 Oct, 2008 2:50 am
... "I will be joining Mr. Al Bahlul's boycott, sitting silently at the table," said Maj. Frakt, who then refused to respond to several questions from the judge. [more ...] The
judge, Air Force Col. Ronald Gregory, said [Air
Force ... with the Guantanamo trials, it would seem that Bahlul should be allowed to represent himself, or he should be given
counsel who is willing to participate in his trial. In an ideal world, the administration would take
a chill pill instead of pressing forward with the trial, ...
18 Dec, 2008 10:36 pm
... Roosevelt Hotel held only that plaintiffs can't be forced to consent to such interviews, but the opinion's language is definitely not helpful. A later case allowed ...
up in the air that we'd strongly recommend talking to a Mississippi lawyer about this before doing anything. Missouri In Brandt v. Medical
Defense Association, 856 S.W. ... they couldn't be timely scheduled to fit within the trial court's discovery deadlines. Oklahoma
Defense counsel can have informal physician interviews in the Sooner ...
24 Jul, 2008 5:36 am
... matter we are urging more personal/tangible contact at this time (i.e. make a phone call or send a fax - something that forces the recipient to acknowledge your
communication.) ACTION #2: Ask others to join you in taking action. Calls may ... proceedings, the Supreme Court of Virginia unanimously ruled that “it is clear that trial counsel was ineffective for failing to object to the improper and incomplete verdict forms†that were given
to Emmett’s jury. In a second order dated March 3, 2005, ...
6 Sep 4:20 am
... behavior. His practice was devoted to family counselling. At one point, Jackson showed Gregory Exhibit No. 60-a photograph of an Iron Maiden poster that had hung in
Willingham's house-and asked the psychologist to ... reliability of the eyewitness testimony, or the credibility of the medical experts. It focussed primarily on procedural
questions, such as whether the trial court erred in its instructions to the jury. The Texas Court of Criminal Appeals was known for upholding
convictions even when ...
30 Jul 9:40 am
... conclude that prosecution is not warranted," Air Force Major David Frakt, one of Jawad's
counsel, told reporters outside the U.S. courthouse after the judge ... incident in Afghanistan in 2002 - would raise issues of a
violation of his right to a speedy trial. She also said there could be issues about his "competency," since he ... - and then won his release
by a court order applying the Supreme Court's Boumediene decision. One detainee who had been convicted by a military commission was transferred ...
12 Dec, 2007 12:22 am
... to drought-stricken ranchers. Blake is represented by Nashville attorney Fred Thompson, Republican counsel for the Senate committee that
investigated the Watergate scandal more than a decade ago. Thompson and ... didn't report free air travel worth thousands of dollars while a
House staff member and later as a U.S. ambassador, as required by law. The Clarion- ... 't give me any collateral for it, no, but he did sign a note every month. (Page 53
of the pdf). Scruggs also testified at the trial that Blake' ...
18 May, 2008 12:58 am
... his trial before a military commission until after the Supreme Court rules in the pending cases of Boumediene v. Bush (06-1195) and Al Odah
v. U.S. ( ... a brief order (found here), a three-judge panel of the Circuit Court said that Hamdan's counsel had not met
the requirements under the All Writs Act for "a stay pending ... the summer, probably late in June. Meanwhile, the second-in-command of the Pentagon's war crimes regime -
Air Force Brig. Gen. Thomas Hartmann - told the Associated Press Thursday ...
13 May, 2007 11:16 am
... three and one half years in solitary confinement without access to counsel. More... Instead, he will go on trial with his two co-defendants, "former school administrator and ... aid organizations with al-Qaeda groups. he 44-year-old Jayyousi, a naturalized
U.S. citizen of Jordanian birth, and 45-year-old Hassoun, a Lebanese-born ... "fresh air" for action in a conflict area;
"tourism" for travel and upkeep expenses while abroad; and "football" for armed combat and "the other team" for foreign forces ...
4 Dec, 2007 7:02 am
... December 3, 2007: The usual reporters and non-governmental organizations are traveling from Andrews Air Force Base to Guantánamo Bay, Cuba to observe the military commission hearing of ... On November 7, we learned that the prosecution in 21-year-old Omar
Khadr's case shared exculpatory evidence with the defense only two days prior to his ... 5th. We will not only see the various puzzles of the government's prosecution in
the "war on terror," but U.S. policies post September 11 will again be on trial.
30 Dec, 2007 6:00 am
... December 3, 2007: The usual reporters and non-governmental organizations are traveling from Andrews Air Force Base to Guantánamo Bay, Cuba to observe the military commission hearing of ... On November 7, we learned that the prosecution in 21-year-old Omar
Khadr's case shared exculpatory evidence with the defense only two days prior to his ... 5th. We will not only see the various puzzles of the government's prosecution in
the "war on terror," but U.S. policies post September 11 will again be on trial.
16 May, 2008 9:21 am
... his trial before a military commission until after the Supreme Court rules in the pending cases of Boumediene v. Bush (06-1195) and Al Odah
v. U.S. ( ... a brief order (found here), a three-judge panel of the Circuit Court said that Hamdan's counsel had not met
the requirements under the All Writs Act for "a stay pending ... the summer, probably late in June. Meanwhile, the second-in-command of the Pentagon's war crimes regime -
Air Force Brig. Gen. Thomas Hartmann - told the Associated Press Thursday ...
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