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.…
Articles Posted in UCMJ
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…
Newby decided at CGCCA
United States v. Newby has been decided and has a reminder for trial defense counsel. The military judge made a clemency recommendation. The SJAR failed to note the clemency recommendation. The TDC failed to comment on the SJAR failure. Phew! And here’s why. Before this court, Appellant has assigned as…
Nerad decided at CAAF
CAAF has issued an opinion in United States v. Nerad. RYAN, J., delivered the opinion of the Court, in which EFFRON, C.J., and ERDMANN, J., joined. BAKER, J., filed a separate opinion concurring in the result. STUCKY, J., filed a separate dissenting opinion. Nerad gets a remand to AFCCA for…
USS Indianapolis
The News-Gazette reports an excerpt from the Congressional Record about the sinking of the USS Indianapolis and the subsequent court-martial of the commanding officer for the loss of his ship. The ship was sunk on 30 July 1945. The ultimate (b) SENSE OF CONGRESS.–(1) It is the sense of Congress,…
Up periscope
I previously posted about this but here is a more detailed Navy Times report about CSM Crump, formerly of WRAMC. A former command sergeant major at Walter Reed Army Medical Center fired for allegedly faking his record and wearing unauthorized awards and decorations faces military discipline for a series of…