Clemency – done. Appeal – done. Depending on the forum – Upgrade – done. No, there is no expungement of a conviction in the military. What next, anything? Well yes, seek a pardon. But, not with this president. Obama is currently the fourth-slowest president to commute or void a prisoner’s…
Court-Martial Trial Practice Blog
Nerad-CP-sentencing
I’ve posted before about CP sentencing in federal courts. Here is a piece with links at Sentencing Law & Policy which further discusses CP related sentencing in federal courts and the U. S. Sentencing Guidelines Commission. As the sentencing guidelines for child pornography crimes have grown increasingly harsh, a strong…
Up periscope
The Post & Email reports that Walter Fitzpatrick was arrested today, possibly after a “physical struggle.” Marine Corps Times reports the CO of Cheery Point has been arrested off base for DUI.
Pernell-Bragg-rapes case sitrep
Trial is scheduled to begin 8 December 2010 at Fort Bragg. The Judge has decisions pending on a suppression motion and a motion to dismiss an attempted rape charge for failure to state an offense. As FayObserver ‘observes:’ Spc. Aaron M. Pernell, 23, of Tulsa, Okla., is charged by military…
Ramrod Five–Stryker Brigade sitrep
Military.com reports: The soldier who tried to blow the whistle on an alleged plot to kill Afghan civilians for sport has been put in solitary confinement in a windowless cell for 23 hours a day, his family said. The father of Spc. Adam Winfield is objecting to the conditions at…
Oddity
Some years ago LCDR Walter Fitzpatrick was prosecuted and convicted at court-martial and later retired. After that he began a website called JAGHunter. Initially he used the site to lambast any of the Navy JAG’s involved in his case along with his commanders. Over the years there have been other…
Up periscope
NWA Online reports that: A Little Rock Air Force Base airman lost his stripes Friday and was ordered to jail for a month after being found guilty of assault for whipping his stepdaughter with a belt and an extension cord, but the military court stopped short of kicking him out…
Collateral consequences-immigration
And here is an Air Force Times report: When Rohan Coombs joined the Marine Corps, he never thought one day he would be locked up in an immigration detention center and facing deportation from the country he had vowed to defend. . . . The estimates are of about 8000…
NMCCA provides reminder of multiplicity in drug cases
United States v. Pippins, is a reminder that when a person possesses drug for a persons own use and/or distribution, the possession is an LIO of the use or the distribution. A review of multiplicity in this case centers on whether the appellant’s possession of BZP is in the same…
DON ROT’s
Here is a link to the 29 September 2010, JAGINST 5813.1B, Standardization of General Courts-Martial and Special Courts-Martial Verbatim and Summarized Records of Trial.