Every now and again I post a post-service case relating to a court-martial. Here is Pacheco v. Commandant USDB. Note this case is in the ‘notorious,’ to military prisoners, 10th Circuit. There are no military appellate decisions to link to: ACCA gave its standard merits denial and CAAF denied. This…
Articles Posted in Up Periscope
Another Stryker case-strikes a deal
Army Times reports that: Pvt. 1st Class Andrew Holmes, of Boise, Idaho, changed his plea to guilty in a deal with Army prosecutors [er, with the CA]. Holmes confessed in court that he fired a heavy machine gun at an unarmed Afghani man from 15 feet away. He was sentenced…
Fosler trailer remands
Rather than navigate to the list, here are the vacate and remands referenced by Dwight “My Liege” Sullivan on CAAFLog the other day. No. 10-0265/AF. U.S. v. Douglas E. LONG. CCA 37044. No. 11-0227/NA. U.S. v. Ros L. DAVIS. CCA 201000302. No. 11-0293/CG. U.S. v. Kenya BERNARD. CCA 0262. No.…
Promotions afoot
CAAF announces its “Passing the Gavel” ceremony to be held 1300, 27 September 2011, at EStreet. Chief Judge Efron will pass the gavel to Chief Judge Baker.
Fosler and it’s trailers
I have posted already about NMCCA’s apparent handling of Fosler cases that are currently before them for decision – here, here, here, and here. It appears that CAAF is now starting to deal with the trailers they have on their docket, by sending some of them back. Dwight “My Liege”…
Report yourself-Failure to report
On 21 September 2011, a new Army Directive went into distribution on a Self Reporting requirement. The Army Directive – Self-Reporting by Officers and Senior Enlisted Members of Criminal Convictions is effective immediately. Coverage appears to be limited to convictions after 1 March 2008. For those convicted after 1 March…
NMCCA on Fosler and breaking restriction
United States v. Scaringello, passes Fosler muster (ahem) on a GP to breaking restriction. Familiar rationale which basically says that no military member can fail to understand that a breaking restriction allegation relates to GoD.
Up periscope!
I mentioned a report the other delay that United States v. Bailey has been delayed to a time uncertain. Here the blog truthdigit as a interesting story about the case from the perspective of the victims family. Relatives say that trying to answer the question of what, exactly, happened to…
Up periscope!
KVIA.com reports: A U.S. Army sergeant accused of the mercy killing of an Iraqi teenager faces court martial at Fort Bliss. Sims is accused of giving a fatal dose of a lethal drug to an Iraqi teenager with third-degree burns to 70 percent of his body at the 10th Combat…
Non-capital referral recommended in Russell
The Atlanta Journal-Constitution reports: Judge (COL) Pohl has recommended a non-capital referral in United States v. Russell. An Army sergeant accused of killing four fellow soldiers and a Navy officer at a mental health clinic on a military base in Iraq two years ago should be tried for murder but…