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: JURIST - The Paper Chase

US military appeals court overturns Marine's conviction for Iraqi civilian killing

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] A military appeals court on Thursday reversed the conviction of US Marine Sgt. Lawrence Hutchins III for the 2006 killing of an Iraqi civilian, citing lack of a fair trial. In an 8-1 decision, the Navy-Marine Corps Court of Criminal Appeals ruled that the departure of one of Hutchins's primary attorneys shortly before the court-martial began resulted in an unfair trial. The ruling makes it possible that Hutchins may be restored to his prior rank, which was reduced to private following his conviction. The Navy JAG Corps may appeal the decision within 30 days. Hutchins was serving an 11-year sentence, reduced from 15 years, for his role in the April 2006 kidnapping and murder of Iraqi civilian Hashim Ibrahim Awad in Hamdania. He was convicted in 2007 of murder, conspiracy to commit murder, making a false official statement, and larceny. Six Marines pled guilty to charges related to their roles in the incident, which involved Awad being removed from his residence and killed, then arranged with a shovel and firearm to appear as if he were planting an improvised explosive device.

Full post as published by JURIST - The Paper Chase on April 23, 2010 (boomark / email).

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