An alert reader called our attention to this piece on the New York Times’ website by David Nelson — a Vietnam-era Marine judge advocate — concerning the Supremes’ denial of cert in Miranda v. United States, No. 11-1237.  The piece includes this link to an amicus brief filed in support of Miranda’s cert petition by the National Veterans Foundation and this link to an amicus brief filed by the National Institute of Military Justice.

[No Man addition – link to the Cert. Petition here.]

One Response to “ piece on the Supremes’ denial of cert in Miranda”

  1. Charlie Dunlap says:

    Perhaps someone can enlighten me: if the accused was examined by health professionals and found not suffer from a severe mental disease or defect, and was able to appreciate the nature and wrongfulness of his acts, and can participate in his own defense, why should a military judge be obliged to go further?

    What I am concerned about is the notion that all PTSD sufferers being branded as being incompetant to make their own decisions in life.  I worry that every PTSD sufferer might be assumed to be somehow incompetent or a potential time bomb.   I think that perhaps this is one reason vets are having such a hard time finding employment.