tag:blogger.com,1999:blog-34853720.post5928107674317067755..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: Hakuna WatadaDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-34853720.post-6326621165504005792007-11-11T09:09:00.000-05:002007-11-11T09:09:00.000-05:00I think Judge Settle got it right (not from the vi...I think Judge Settle got it right (not from the view of deference, but from a de novo legal perspective). What John Head did in declaring the mistrial was either fundamentally stupid or was contrived to benefit the government given the anecdotal evidence I heard about how the panel was accepting (or not accepting) the government's evidence in the case. And given the likely makeup of a panel on the 9th Circuit, I'd expect him to be affirmed there.<BR/><BR/>Maybe this case opens the possibility for the U.S. Supreme Court to re-look at <I>Burns</I> and clarify the standard of review in the military habeas context and what "full and fair consideration" means. Which would be a good thing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-34853720.post-87109119771931080312007-11-10T21:15:00.000-05:002007-11-10T21:15:00.000-05:00Wow, somebody reads my crap.Wow, somebody reads my crap.John O'Connorhttps://www.blogger.com/profile/08014476389355562158noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-69904522621040647402007-11-10T17:49:00.000-05:002007-11-10T17:49:00.000-05:00A most interesting decision, to say the least, whi...A most interesting decision, to say the least, which points to how the prosecution of 1LT Watada has only assisted him in his proposed martyrdom. [Compare, for example the case of sailor Paredes, whose martyrdom was limited by the USN trial judge]. <BR/><BR/>It will be interesting to see how this does at the 9th Circuit. Watada may find the 9th Cir. less favorable. <BR/><BR/>The review of law in the case does tend to confirm JO'C's observations about the timeline of the decisions being a better reflection of how civilian courts address military cases that an artificial analysis of results. <BR/><BR/>BTW,Watada's civilian counsel at the District Ct. was Jim Lobenz of Seattle, a very competent civilian attorney, with experience in litigating military cases before the civilian courts.Anonymousnoreply@blogger.com