US v Magincalda

Philip E Simmons

Practice Area: Military Law

Outcome: Defense Victory

Description: This case arose after the death of an Iraqi man in Hamdaniah, Iraq. 7 Marines and ` Sailor were charged with pre-meditated murder. 5 of the accused took plea bargains for very favorable sentences and agreements to cooperate with the government. Our client went to trial charged with pre-meditated murder, kidnapping, conspiracy to commit murder and theft charges. He was acquitted of a majority of the charges and sentenced to time served. This was a major victory for the defense.