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Articles Posted in UCMJ

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Davila update

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…

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Up periscope

Coast Guard Report reports that: Commander, Naval Network Warfare Command, Rear Adm. Edward H. Deets III, relieved Cmdr. Mary Ann L. Giese, commanding officer of U.S. Naval Computer and Telecommunications Station (NCTS) Bahrain Aug. 21 due to loss of confidence in her ability to command. The decision to relieve Giese…

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Up periscope

Army Times reports that: Second Lt. Douglas Sofranko, a Florida National Guard officer photographed wearing a Navy SEAL Trident insignia he didn’t rate, has been relieved of his full-time duties with the Guard, and his future in the military is uncertain. The earlier post, “Ooops I have to graduate?”, is…

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LTC Lakin

Silence. 20 August 2010 was the day to submit motions.  They would have had up to the close of business. Nothing on APF in terms of documents filed. Frankly I’m not expecting anything to be released, certainly not by the government.  You will recollect that LTC Lakin and APF has…

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Crime spree Astronaut more than grounded

Navy Times reports: A former astronaut who gained notoriety for stalking a romantic rival after driving 900 miles straight from Houston is expected to be discharged from the Navy. A board of inquiry made up of three Navy admirals voted 3-0 Thursday give Navy Capt. Lisa Nowak an “other than…

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ACCA on IAC

In United States v. Darling, ACCA affirmed because appellant could not establish the prejudice prong of an IAC “claim.”  This is worth reading for those cases where the accused is found not guilty after a contested case, but during sentencing there is a concession that the accused was actually guilty. …

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Coast Guard certified issues to CAAF

The Coast Guard has certified the following issues to CAAF. No. 10-6010/CG.  U. S., Appellant v. ANDREW L. DALY, Appellee.  CCA 001-62-10. Notice is hereby given that a certificate for review of the decision of the United States Coast Guard Court of Criminal Appeals was filed under Rule 22 on…

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NMCCA sets aside a Article 120 case for instructional error

In the United States v. Jones the facts cited by the court show a consent defense.  However the defense counsel did not request an instruction on the affirmative defense and the military judge did not give one.  There being no evidence of an affirmative waiver the findings and sentence were…

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LTC Lakin

World News Daily reports: A reported threat by a senior Army officer to "Taser" another officer on trial for challenging Barack Obama’s eligibility to be president could be a serious "command influence" issue that could taint the case, according to an expert. Here is the Greeley Gazette article referred to:…

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