The King James (UK) version of Proverbs 18-17 says: He that is first in his own cause seemeth just; but his neighbour cometh and searcheth him. The King James (Am.) version says: He that is first in his own cause seems just; but his neighbor comes and searches him. The…
Articles Posted in court-martial
Humor in uniform lawyering
The accused is charged with indecent assault on a complaining witness and rape on another complaining witness. Member: Sir I’m the unit victim advocate. Individual voir dire continues blah, blah, blah. Def: The defense objects on implied bias and liberal grant mandate. MJ: Explain why please. Def: Blah, blah, blah.…
Collateral consequences
Military.com reports that: Both the Montgomery and Post 9/11 GI Bills are worth over $49,000. This money is not a loan and will help you cover the costs of getting a degree. Full-time students receive up to $1,368 a month no matter how much tuition costs. The Post 9/11 GI…
Death penalty case update
Press Republican reports that: Cannon fire will permeate the air over the PARC museum campus this weekend as forces from the Union and Confederate armies collide on the open fields. The Clinton County Historical Association will host the third-annual Plattsburgh Civil War Encampment, with two battles between the Blue and…
Up periscope
Pilot Online reports that: For years, the top officer in the Virginia National Guard has had a paid position with a business run by one of his subordinate officers. Newman promoted Bonanni to the assistant adjutant general’s post in 2008 while collecting a paycheck from his company. Air Force Times…
Sex offender registration (updated)
There’s been lots of litigation about SORNA. But now, courtesy of Sentencing Law & Policy we learn that DOJ has some recommendations for amending SORNA. You will be interested to know that this morning the U.S. Department of Justice issued proposed supplemental guidelines modifying several requirements for compliance with SORNA.…
LTC Lakin’s contumacy
safeguardourconstitution reports that: “Obama Administration unleashes Army lawyers instead of releasing birth certificate.” This is shameful hyperbole and utterly incorrect. LTC Lakin is alleged to have committed offenses in violation of the UCMJ. The conduct alleged cuts to the very heart of military requirements of obedience to orders, fidelity to…
LTC Lakin update
Safeguardourconstitution reports that the Article 32, UCMJ, hearing is scheduled for 11 June 2010. The report links to a letter to MAJ Kemkes (a great TDS lawyer from Fort Myer) granting a delay of the hearing from 6 May to 11 June. LTC Driscoll, a lawyer, is the IO. The…
Hasan update 9
KVUE.com reports that: The attorney representing the accused gunman in the 2009 Fort Hood shootings says the Army is holding back important evidence in the upcoming Article 32 hearing. Attorney John Galligan says he needs court documents, including Major Nidal Hasan’s FBI files, to gain more insight into his mental…
Waiving appellate review
There has been quite a bit of discussion recently of waiving appellate review as part of a pretrial agreement. Here is a timely article from the ABA about this important topic (thanks to Sentencing Law & Policy for the link). Ellis & Bussert, Stemming the Tide of Postconviction Waivers, 25…