Thursday, July 31, 2008

Gray's federal habeas representation

The President's approval of Gray's death sentence highlights the importance of a never-used portion of AR 27-10 (16 Nov 2005):

13–12. Habeas corpus representation
Military prisoners sentenced to death by a court-martial, who seek to file in Federal civilian courts post-conviction habeas corpus petitions, will, upon request to The Judge Advocate General, be detailed military counsel by The Judge Advocate General to assist counsel appointed by the District Court or individually retained for representation in such proceedings and any appeals therefrom. See UCMJ, Art. 70(e). This right exists irrespective of any decision by the accused Soldier to hire civilian counsel at his own expense for such representation.

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