Here is a report from NBC 5 from Dallas on the Hasan sentencing non-story, and a little more from Stars and Stripes here on the three words he’s said at sentencing.  After much wringing of hands and gnashing of teeth, the prospect of MAJ Nidal Hasan defending himself has turned into more of a suicide by court-martial as ResIpsaLoquitor put it.  Closing argument(s) tomorrow.  H/t Ama

8 Responses to “Hasan Rests Without Presenting a Case”

  1. Vic Ferrari says:

    So what happens if Hasan waives appellate review?  What if he demands that appellate counsel not make any representations on his behalf?

  2. stewie says:

    Some, like I, will argue he can’t waive appellate review, citing Martinez where the Supremes said no right to self-representation on direct appeal.  Others will say he absolutely can (or alternatively that the rules of professional responsibility won’t allow a counsel to represent a client over their objection). If DAD chooses to go down the latter path, I’m not sure what the process would be to object to that short of the court itself doing so.  If DAD chooses the former path, then ACCA and CAAF (and DAD counsel) will have to decide how far they go in contravention of the accused’s desires.

  3. Nancy Truax says:

    Article 61 says if the death penalty is adjudged and approved, he can neither waive nor withdraw from appellate review.  Article 70 says, essentially, that appellate defense counsel must be detailed if the U.S. is represented by counsel (whether they can file anything over his objection is another matter, though).  Assuming the death penalty is adjudged and approved, because he can’t waive or withdraw, I think ACCA has an independent obligation to review the case irrespective of what his counsel does or what his desires are.

  4. stewie says:

    Well there you go, answer.  Probably should have looked at the Manual first before spouting off. I’m glad that’s there, although one wonders what’s there to review other than questioning whether or not you can commit suicide by CM? Can’t claim IAC.

  5. ResIpsaLoquitur says:

    In fairness, somebody else used “suicide by court-martial” before me.  I was just copying them.
    I do imagine that it would be an exercise in futility to argue this case on appeal.  IAC?  Out.  Improper admission of evidence?  That’s out unless Hasan made some timely objection to something.  (Unless one could argue that the judge should have excluded something in her discretion as the gatekeeper.)  Improper argument?  They’ll have to go through the government’s openings and closings with a fine-tooth comb to really get something improper.
    I guess the only thing left is severity of the sentence, but with 14 dead and 30 other victims who would be dead but for bullet placement, that’s going to be tough.

  6. Contract Lawyer says:

    The automatic appellate reviews may well take place with a record review, but I doubt they will find any issue with the accused’s choice to represent himself and not present a case or participate.  Otherwise, every accused attempting to avoid the death penalty could demand the right to represent them self and then stand mute knowing this would equal some type of automatic error. 

  7. stewie says:

    The odds of that happening are astronomical, what person wanting to avoid the DP wouldn’t take the best shot, which is at trial, in hopes that on sentencing they might get a second chance, to do what they tried not to do the first time?
    That’s such a remote possibility that it most certainly is not a reason not to find any issues.