I think not. Whoever, being an officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election…
Court-Martial Trial Practice Blog
Election cycle
Please vote, but, Military Times notes, Two Army Reserve soldiers who appeared in uniform during the Democratic National Convention in August will not be disciplined for politicking in uniform, but their supervisor will. On Thursday, officials said they had determined the two soldiers were not at fault for the mistake. “The investigation…
A broader approach to “extramarital conduct”
Para. 99 (Article 134, Extramarital sexual conduct) is now with us and extends the UCMJ further into morals offenses. b. Elements. (1) That the accused wrongfully engaged in extramarital conduct as described in subparagraph c.(2) with a certain person; (2) That, at the time, the accused knew that the accused…
Civilian arrest and court-martial?
Navy Times tells us that “A Florida-based U.S. Navy command master chief was relieved from his leadership position at Naval Ordnance Test Unit last month, according to officials.” While it appears, the case is proceeding within the state legal system, there’s a possibility it becomes a military justice issue (and certainly…
Military Judge recusal
Motions to recuse a military judge or sua sponte recusal are becoming more frequent in military justice. We have the “Spath Issue,” the now “Keane Issue,” both from the Commissions. I and several others are litigating appeals based on one military judge in the Army. Each of the cases relate…
UP Supreme Court
The oral argument for Briggs and Collins is now scheduled for 13 October.
The Supremes are back to public work
With the start of the new season the Supremes have issued its first Orders List comprising five pages-worth–mostly denials. An observer poindts to, In Kaur v. Maryland, No. 19–1045, Justice Sotomayor’s 5-page statement begins and ends this way: Although I join the Court’s decision to deny certiorari, I write separately to address a concerning feature…
Up Periscope 02102020
Online at CAAFlog. This is my attempt to put events of the week in one place rather than have to navigate many sites. Cheers.
Fort Hood
A veteran’s group is planning to meet at Austin City Hall Thursday afternoon for what it is calling a public trial of Fort Hood leadership over the recent deaths of U.S. Army Spc. Vanessa Guillen and other soldiers stationed at the military base. The group, Vets for the People, is…
Trial-Social Media Instructions
A federal Judiciary committee has issued a new set of model jury instructions (pdf) that federal judges may use to deter jurors from using social media to research or communicate about cases. The new instructions, which update and expand on a similar version issued in 2012, were sent to federal judges on…