Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: brityank

The Thomas More Law Center is doing a great job for these Marines and it is obvious that an Undue Command Influence motion is necessary to preserve LTC Chesani’s rights. However, it is unlikely that the motion will make much of a difference at this stage of trial with it being more of a set-up motion for appeal, should that be necessary. True Command Influence is difficult to overcome at the initial trial court and is usually only remedied in the appeal process. Unfortunate but true.


15 posted on 03/26/2008 12:11:41 PM PDT by T-Bird45 (It feels like the seventies, and it shouldn't.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: T-Bird45
True Command Influence is difficult to overcome at the initial trial court and is usually only remedied in the appeal process.

Normally, cases are very much an individual exhibition; it's very rare that you have a group charged as is being done here. I believe that the info gleaned from the A32's can be brought in; combined they lend credence. But, this does put the court on notice that an appeal will be mounted if needed to bring this to the forefront, and so can only help them defend against the prosecution's political jibes. No Judge likes to be overturned.

23 posted on 03/26/2008 12:56:30 PM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional !!)
[ Post Reply | Private Reply | To 15 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson