Navy Times reports: Big Navy is trying to work around a recent military court decision striking down a fleet-wide rule forcing sailors to report any drunken-driving or other civilian arrests to their command. Navy Secretary Ray Mabus revised a high-level Navy regulation July 20 in response to the case of…
Articles Posted in court-martial
GPS technology
I’m aware of one case in the military where the NCIS used GPS tracking (after getting a warrant). Fourthamendment.com recommends: The D.C. Circuit held on Friday that a warrant is needed for prolonged GPS surveillance, recognizing People v. Weaver from New York and limitingKnotts. [This is a highly important decision.…
ACCA and military judge partiality
On 28 July 2010, ACCA issued a memorandum opinion and decision for the government appeal in United States v. Kirk, ARMY MISC 20100443 (A. Ct. Crim. App. 28 July 2010). At trial the accused blew providency on an AWOL plea. The prosecution decided they wanted to go forward on the…
LTC Lakin 3
World News Daily has this report: At the conclusion of the arraignment, Lakin was ordered not to speak with the press and was taken back to Reed under military escort, surprising and disturbing a civilian lawyer who has been working on his case. “This was completely inappropriate. Col Lakin was…
LTC Lakin 2
I had to go to the bank, pet store, and commissary today so I stopped off to watch the arraignment. There was a standard R.C.M. 802 conference. The Army script was followed. LTC Lakin exercised his right to retain MAJ Kemkes and Mr. Jensen, and did not ask for IMC.…
Military Human experiments?
The Boston Globe reports: The Department of Defense is investigating whether 80 wounded American service members in Iraq were improperly used as subjects in a test of a possible treatment for brain injuries, according to the Pentagon’s Office of Inspector General. In addition to the defense investigation, the US Navy…
Up periscope
Lot here today. Catching up after a contested trial at Fort Bragg. I’ll update the Lakin page after today’s “events.” Kate Wiltrout reports the retrial of Richard Mott at NOB, NorVA. Almost two years after a Navy judge found Seaman Richard Mott guilty of attempted premeditated murder and sentenced him…
Collateral consequences
Here is a piece from Kitsap Sun: A doctor who is being expelled from the Navy was charged by Kitsap County prosecutors Thursday with failing to register as a sex offender, according to attorneys familiar with the case. State law requires people convicted of certain sex crimes to register as…
Fricke dead, case still good law
Navy Times reports: A former Navy officer who was serving time for hiring someone to kill his wife was killed in a Kansas military prison a month before he was supposed to be released. Officials at Fort Leavenworth say 54-year-old former Navy Lt. Cmdr. Michael Fricke was beaten with a…
Some quick reminders about guilty pleas and such
There’s something for everyone out of a number of Navy and Coast Guard cases. Defense Counsel. When the military judge wrongly announces a sentence which will inure to your client’s benefit, generally you should keep you mouth shut. But, once you get the SJAR, double check the SJAR against the…