Articles Posted in court-martial

Here is a link to the Executive Order signed 31 August 2010 with amendments to the Manual for Courts-Martial.

safeguardourconsititution (APF) has an affidavit from LTG T. McInerney in support of LTC Lakin’s discovery request. Lawyers interested in the legal merits of the issue will likely find themselves dissatisfied with the affidavit.  It is a combination of justification for LTC Lakin’s contumacy and reasons why the discovery should be…

In the July Army Lawyer Judge McDonald has some comments based on his first year on the bench.  (I have noted over the years that it takes most judges about a year to get their relative bearing.)   I think we can all echo his comments and find a myriad of…

ACCA has released an unpublished opinion in United States v. Delagarza.  It’s an odd case. A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of violating a general order, false official statement, and two specifications of larceny (from his fellow soldiers), in violation of Articles…

I have been routinely filing a motion in-limine in cases where I expect the prosecution witnesses, typically law enforcement or DFAS, to be providing context testimony.  There are several bases to object:  hearsay is bootstrapped, there is implied human lie detector testimony, there are Mil. R. Evid. 701 fact wrapped…

WHBL News Radio has this interesting piece. Kurtis Armann was paroled from a federal prison in Ohio last year. U.S. Marshals arrested him in Brookfield in January – and they said they found driver’s licenses and an Army Reserve ID which Armann allegedly used to make fraudulent purchases. When he…

KOMONews.com reports that: The Army specialist who admits she murdered a Pierce County couple then kidnapped their baby two years ago will spend the rest of her life behind bars without the possibility of parole. In the conclusion to the court martial of Specialist Ivette Davila, military judge Colonel Stephen…

Military.com reports that: A Davis-Monthan airman is on trial in military court this week over allegations that he ran a fraudulent Russian bride ring, arranging sham marriages for money with members of the military so the foreign women could obtain legal status in the U.S. The Record-Courier reports on the…

KOLOTV reports: Joint Base Lewis-McChord spokeswoman Catherine Caruso says the pleas from Ivette G. Davila were accepted by the judge, Col. Stephen R. Henley, at Monday’s court martial. She was to be sentenced later in the day to life in prison.

KOMO News reports that: An Army Specialist accused of killing two fellow soldiers and taking their baby has changed her plea to guilty. Spc. Ivette Davila entered guilty pleas to two counts of premeditated murder and one count of kidnapping during a military court hearing Monday morning. It was not…