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Articles Posted in court-martial

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Update on the rapper

FoxNews reports that: Hall, a soldier out of Fort Stewart in Georgia, recorded a rap song last July called “Stop Loss” after he was notified that his military contract was being extended. Army soldiers who are “stop-lossed” must complete additional tours of duty. In his song, Hall raps about walking…

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Does 18 U.S. Code 2251A apply extraterritorially

Thanks to OpinoJuris for pointing us to the 11th Circuit decision in United States v. Frank.  You will recollect that CAAF has found that the CP related statutes don’t apply overseas.  Here is part of the OJ summary. The Eleventh Circuit upheld the conviction finding that (1) Miranda warnings were…

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CAAF’s put out an opinion in Blazier

United States v. Blazier.  Here are the relevant portions of the opinion written by Judge Ryan for the moment. This case presents the question whether the admission of drug testing reports” over defense objection violated Appellant’s rights under the Sixth Amendment’s Confrontation Clause.  The antecedent question, whether certain admitted evidence…

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Wuterich’s partial good news

North County Times reports: That the military judge “ruled prosecutors must show beyond a reasonable doubt that unlawful command influence hasn’t tainted the manslaughter case against a Camp Pendleton Marine accused of taking part in the 2005 slayings of 24 Iraqi civilians.”  This means the defense was successful so far…

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Wuterich Haditha update

Marine Corps Times reports: Eight Marines were charged in the biggest criminal case against U.S. troops to arise from the Iraq war. Six have had charges dismissed, and one was acquitted. Whether the only remaining and perhaps highest-profile defendant stands trial may hinge on what happens this week in a…

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CAAF affirms United States v. Ferguson

United States v. Ferguson We granted review to determine whether the military judge erred by accepting Appellant’s guilty plea to indecent exposure.  We hold that there is no substantial basis in law or fact to question Appellant’s plea to indecent exposure and affirm the judgment of the United States Air…

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Coast Guard CCA sets-aside United States v. Bond

United States v. Bond. Before this court, Appellant has assigned the following errors: I. The military judge erred when he denied the defense motion to dismiss Charges I and III for prior jeopardy. II. An unsuspended bad-conduct discharge is an inappropriately severe punishment for the crimes of which Appellant was…

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Hasan update

MySAnews reports that: Army Maj. Nidal Malik Hasan, charged in November’s shooting rampage at Fort Hood that left 13 people dead and 32 others wounded, will be moved from San Antonio to a county jail near the military post. Bell County Sheriff Dan Smith issued a statement Monday, saying Bell…

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Up periscope WE200310

Rapid City Journal reports that: Government prosecutors dismissed sexual assault charges against an Ellsworth Air Force Base airman when the alleged victim did not appear at an Article 32 hearing for Sr. Airman Vinicus Santana on Tuesday. Santana is scheduled for a court martial on April 20 for a shooting…

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Search Incident to Arrest

Thanks to Fourthamendement.com, here is an article about Arizona v. Gant. Arizona v. Gant: Does it Matter? by Barbara E. Armacost of the University of Virginia School of Law in 2009 S.Ct. Rev. __ (2010). And from the abstract: Prior to the Supreme Court’s recent opinion in Arizona v Gant,…

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