Worth the Read

10/20/2020

There is a report of SGT Hatley being released from prison after 11 years confinement. The Army Times is reporting that SGT Hatley's release was possible after becoming eligible for parole last year. Notably, SGT Hartley was only eligible for parole because his original life sentence was reduced.

The ACCA’s 2011 opinion is here.

An enlisted panel sitting as a general court-martial convicted appellant, contrary to his pleas, of conspiracy to commit premeditated murder and premeditated murder, in violation of Articles 81 and 118, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. §§ 881 and 918. Appellant was acquitted of an additional offense of premeditated murder and obstruction of justice.

The court sentenced appellant to reduction to the grade of E-1; forfeiture of all pay and allowances; confinement for life (with eligibility for parole); and a dishonorable discharge.

See United States v. Hatley, No. 20090329, 2011 CCA LEXIS 124, rev. denied 71 M.J. 93 (C.A.A.F. 2012), cert. denied 568 U.S. 889 (2012).

Any additional information welcome.

Phil Cave

MJ Editor

2 Comments

Poster

10/20/2020 11:40:33 am

A side note on the zeitgeist of the time:

7th Army Joint Multi-National Training Command is in Germany. But the alleged crime took place in Iraq. That is not particularly odd, but at the same time TJAG was building a PR campaign for the military justice system. "Deploying Justice" was the buzzword of the day with forward training (moving toward the lines) at least two military judges.
After all, the concept was, why have a military justice system if you can't put it in a military environment. A pamphlet was made to this end:
https://www.loc.gov/rr/frd/Military_Law/pdf/Deploying-Justice-Handbook.pdf
Another work by a co-author proliferates the idea:
https://www.loc.gov/rr/frd/Military_Law/pdf/01-2012.pdf

Such kumbaya-isms would stand in stark contrast to the work of Major Frank Rosenblatt, Non-Deployable: The Court-Martial System in Company from 2001 to 2009, Army Lawyer-Sept. 2010

Without knowledge of this particular case, I would urge caution on the self-promotion of this system that convicts people without bodies. Further, it would do well to reconsider the design of the system at the time. WWI saw many cases revisited and the military hasn't changed that much, regardless of how many bayonets and horses there are.
https://www.youtube.com/watch?v=-IW6PwJYcOca

10/20/2020 11:42:54 am

Sorry, meant to include
"We heard oral argument in this case at Howard University Law School, Washington, D. C. on 15 February 2011."
Technically stragulation is an outreach program.

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Phil Cave

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