Here is a case of interest for those who do security clearance work. As part of that practice it’s not unusual to have a civilian employee or contractor with a position of public trust issue or background investigation and an SF85. CAC cards don’t always get issued without a favorable…
Court-Martial Trial Practice Blog
NMCCA unpublished op. on “immunity”
United States v. Sagona, sentenced at court-martial on 8 May 2008, appeal decided 30 September 2010. The issue was IAC of trial defense counsel who allegedly failed to investigate and advise on a potential defense of immunity. R.C.M. 704 covers the issues of immunity, tempered by case law. Basically only…
LTC Lakin sitrep 12
With LTC Lakin’s change in civilian counsel the question is, who will pay his legal fees. The APF said this up until the item was removed (mostly) from the web: American Patriot Foundation’s Legal Defense Fund will pay for all of LTC Lakin’s attorneys fees and costs, and so we…
LTC Lakin sitrep 11
Thanks to RC. The prior link for LTC Lakin’s special page has gone. When you try to go to that link you get the main page of American Patriot Foundation. Clicking to the current projects link gets you to this: Safeguard Our Constitution APF defended LTC Terry Lakin. Lt. Lakin…
LTC Lakin writ sitrep
Here is a quote from an item on DMLHS’s Facebook wall. Guess which of your favorite law firms just became "replacement counsel" on the Lakin case? Going to see what we can salvage. Looks like LTC Lakin may have reached out to Neal Puckett, a real military law knowledgeable person. …
Is there a problem here – again
Air Force Times reports: A religion watchdog group is asking the Defense Department to investigate whether the Air Force Academy has given a Christian group improper access to the campus to proselytize cadets. This would not be the first time the AFA has had an issue with support to or…
Up periscope 82
Army Times reports: The Army has launched a crackdown on the drug spice at least nine commands in response to a spike in usage among soldiers. A designer drug that mimics marijuana, spice is legal in most states, and is available for sale in smoke shops and online for around…
Note to Legalmen
Navy Times reports: Nearly four years after Navy officials nixed a mandatory degree requirement for advancement to senior chief, a rating has made an associate degree mandatory for all its sailors. In September, some of the 487 sailors in the legalman rating started their studies. This move is expected to…
Instructions
I posted yesterday on a new Army case dealing with instructions on an affirmative defense in a court-martial under the UCMJ. Today I’m posting on United States v. Ramon, an unpublished opinion from the NMCCA dated 28 September 2010. In his sole assignment of error, the appellant alleges that the…
Prosecutorial misconduct
On 23 September 2010 USA Today published a front page piece about federal prosecutors. Federal prosecutors are supposed to seek justice, not merely score convictions. But a USA TODAY investigation found that prosecutors repeatedly have violated that duty in courtrooms across the nation. The abuses have put innocent people in…