On 27 August 2020, CAAF issued its opinion in United States v. Bergdahl. “Thus, simply stated, it was the totality of the circumstances surrounding Appellant’s misconduct rather than any outside influences that foreordained the Army’s handling and disposition of this case. Therefore, an objective, disinterested observer would not harbor any…
You seek out a witness for the defense and they tell you they have to check with leadership to see if that’s OK. This happens occasionally. Most of the time they come back and say they are good to go, or they are intransigent and you have to ask the…
“I didn’t want to plead guilty.” Followed with “my lawyers forced me.” That’s a not infrequent complaint with appellant’s who plead guilty. “In another, the defendent objected to the Navy counsel’s advice to plead “guilty.” He stated that though he admitted guilt, “he could have beaten it with a good…
Salem News has an article about “SEALs pulled from Iraq.” The article is a lengthy one. From the article here is why there is at least one pending (possible) appellate case. The Navy fired three SEAL leaders in the aftermath of the alleged rape on the Iraq air base and…
Scandal on Plum Island: A Commander Becomes the AccusedBy Marian E. LindbergEast End Press, 416 pages Think of Plum Island, and what probably comes to mind are natural habitats, a lighthouse and remoteness, all of which were highlighted in a recent report on the island’s potential. Most people probably wouldn’t think of…
Prof. Colin Miller brings, The Admissibility of Statements Made to Doctors Consulted For the Purpose of Enabling Him/Her to Testify Federal Rule of Evidence 803(4) provides an exception the rule against hearsay for A statement that: (A) is made for — and is reasonably pertinent to — medical diagnosis or treatment; and (B) describes…
Petition to watch. Jackson v. Sec. Nav. Does Title VII apply to military personnel. So far every circuit has said “no.” Will the Supremes take the case, and if so, how will they rule?
Prison inmates retain a Fourth Amendment reasonableness right against abusive strip and body cavity searches enough to state a claim here. Qualified immunity is reserved for later. Henry v. Hulett, 2020 U.S. App. LEXIS 25390 (7th Cir. Aug. 11, 2020) (Easterbrook dissents that this right has to be found in the Eighth Amendment,…
Prof. Colin Miller brings us this note. Similar to its federal counterpart, Idaho Rule of Evidence 803(1) provides an exception to the rule against hearsay for A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. The first part of this “present sense impression” exception…
What happens after trial. Here is another case of mine that found itself in federal court–United States v. Mingo. When the Feds tell you to register and follow the rules they mean it. In January 2005, Mingo enlisted in the United States Army. See Sealed Complaint at 2, United States v. Mingo, No. 16…