NMCCA has an unpublished opinion on line in United States v. Thomas. The case is interesting partly because it is an recitation of some facts vice news reported “facts.” I find footnote 3 to the decision of some interest: The Second Circuit has found that removal of any person who…
Army reduces soldiers’ murder sentences By Seth Robson, Stars and Stripes Mideast edition, Saturday, August 15, 2009 GRAFENWÖHR, Germany — The life sentence of a U.S. soldier convicted for the execution-style killings of four bound and blindfolded Iraqi detainees has been reduced to 40 years, military officials announced Friday. .…
Call for Papers – 2010 ASIL Lieber Society Military Prize by Kenneth Anderson Here is the official call for papers for the 2010 ASIL Lieber Society Military Prize essay. To enter a paper, you do not have to be a member of ASIL, but you do have to be a…
The ACCA has overturned the conviction of Private Simmons because the judge erroneously failed to dismiss the charges for an Article 10, UCMJ, violation. Here is the link to the unpublished opinion, Judge Ham writing for the court. United States v. Simmons, ARMY 20070486 (A. Ct. Crim. App. 12 August…
“The Army has reached it’s end strength numbers and believes it can easily reach the additional 22,000 SECDEF authorized last month. It is reinstating its Qualitative Management Program (QMP) that screens E-6 to E-9 records for any behavioral or legal problems and then separates those Soldiers.” Keep in mind the…
Here is an interesting case from FederalEvidence blog on how the 8th Circuit deals with the scratchy issue of a poor audio recording. Factors For Admitting “Partially Inaudible” Recordings Eighth Circuit rules that partially inaudible recordings with a confidential informant may be admitted when the trial court finds that they…
New policy keeps heat on deserters in Japan By Travis J. Tritten and Hana Kusumoto, Stars and Stripes Pacific edition, Friday, August 14, 2009 The U.S. military in Japan has been more aggressive in charging and tracking deserters since a fugitive sailor stabbed a taxi driver to death last year,…
Navy stepping up drug testing program Stars & Stripes reports. Sailors will face increased random drug tests as a result of recent changes to the Navy’s drug prevention program. The changes remove the requirement for an annual unit sweep. However, they mandate a minimum of four tests per month that…
How many times do we hear it from clients, especially appellate clients — “I got my discharge, it’s an honorable, what do I do?” ACCA has decided that issue for Estrada, in United States v. Estrada. Appellant argues her receipt of an administratively-issued honorable discharge prior to the convening authority’s…
Professor Colin Miller has a comment today on his blog about United States v. Matthews, 68 M.J. 29 (C.A.A.F 2009) He illustrates that Mil. R. Evid. 606 mirrors the federal rule but has the additional exception for “command influence” in the Members deliberation room. Chain Of Command: Military Case Reveals…