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Articles Posted in court-martial

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[Breaking]More on the West Point rape case

recordonline.com reports that: United States Military Academy cadet has been convicted of rape in military court. The judge in the court-martial has found Cadet Kyle C. Newman guilty on one charge of rape and one count of indecent conduct. Newman was facing court-martial on two counts of rape and one…

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Another LTC Lakin commentator

Andy Martin, Executive Director, Contrarian Commentary, posits that President Obama is not legally president, therefore LTC Lakin has a legitimate challenge to his orders. Mr. Martin first tells us that: I am completely independent and impartial in so far as the Lakin matter is concerned. So far as I am…

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Up periscope

Military.com reports that: A Navy doctor pleaded guilty to two counts of wrongful sexual contact and two counts of conduct unbecoming an officer, in exchange for dropping 29 other counts of criminal allegations at a Yokosuka Naval Base court-martial Wednesday. Grant Okubo/Stars & Stripes Under the terms of a pretrial…

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CAAF grant and remand – de facto immunity

Here’s an interesting grant and remand from CAAF. No. 10-0265/AF. U.S. v. Douglas E. LONG. CCA 37044 (2009 CCA LEXIS 477). WHETHER APPELLANT WAS DENIED DUE PROCESS BECAUSE ASSURANCES OF AIR FORCE OFFICIALS PROVIDED HIM WITH DE FACTO IMMUNITY FROM PROSECUTION. The decision of the United States Air Force Court…

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Pendergrass

CAAFLog advises that Pendergrass v. Indiana, No. 09-866, is scheduled for the 10 June case conference at the Supremes.  Here courtesy of Prof. Freidman counsel for Pendergrass and also of Melendez-Diaz and Briscoe “fame,” is the Pendergrass cert petition.  Here also is the state of Indiana’s brief in opposition to…

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Up periscope 34

Navy Time reports: Thirteen junior officers were kicked out of the Marine Corps last week after officials uncovered widespread cheating on a land navigation exam. All 13 were students at The Basic School aboard Marine Corps Base Quantico, Va., a six-month boot camp for newly commissioned officers. Eight men —…

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Stolen Valor

Marine Corps Times reports: A man who pleaded guilty last year to altering an identification card after he was spotted in the uniform of a three-star Marine general has been charged again with posing as a highly decorated Marine officer. Sixty-seven-year-old Michael Hamilton of Richlands was charged last week with…

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Hasan update

The LA Times has interesting piece which essentially posits that both the defense and Congress are being stonewalled in production of relevant information.  Usually it’s only the defense. But even before the gavel comes down, two legal battles are underway to try to force the Army and the Department of…

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New ACCA reminder on sentencing

In United States v. Eslinger, __ M.J. ___ (A. Ct. Crim. App. 14 May 2010), the court has set out a useful reminder in two areas:  a military judge’s duty to instruct on all issues and the potential problem of defense waiver of instructions, and how to handle testimony that…

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