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…
Articles Posted in UCMJ
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…
Up periscope 55
News8 reports that: In a court martial trial that concluded after a panel’s deliberations stretched into the early hours of Saturday morning at Andrews Joint Base, a local Airman First Class was found not guilty of the charges brought against him. As ABC 7 News reported last week, the charges…
Humor in uniform lawyering
This report from Savannah.now questions why expert payments within the 3ID claimancy take so long. The military judge also questioned why experts for the defense continue to have difficulties obtaining payments for work done on Bozicevich’s behalf as attorneys prepare for a February 2011 capital court-martial trial. The humor is…
Do Rodriguez and Gilbride mean anything?
United States v. Foisy, __ M.J. __, No. NMCCA 201000026 (N-M. Ct. Crim. App. July 20, 2010). (Thanks to an early posting of the decision by CAAFLog.) Rodriguez and Gilbride deal with Mil. R. Evid. 304(h)(2) rule of completeness. Mil. R. Evid. 304(h)(2) is a longstanding rule of completeness pertaining…
Up periscope
From on the road. Air Force Times reports that: Air Force officials are investigating the Wisconsin National Guard’s top commander. Air Force press officials didn’t immediately respond Monday to requests for information on what prompted the Air Force Inspector General’s inquiry into Brig. Gen. Donald Dunbar or what it entails.…
Ecstatic, a drug to help with PTSD
Oooops, Military.com reports that: The drug Ecstasy shows positive results in the majority of patients when used to treat post-traumatic stress disorder, according to a report coming out Monday in the Journal of Psychopharmacology.
Federal District Court of Gitmo
crimeandconsequences blog reports a link to: Eugene Sullivan and Louis Freeh propose creation of a Federal District Court for Guantanamo Bay in this WaPo op-ed. Sullivan is a former CJ of the Court of Appeals for the Armed Forces; Freeh is a former district judge and FBI Director. Their proposal…
Oooops, trial counsel, defense counsel do you agree
Here is an new grant from CAAF. No. 10-0494/AF. U.S. v. Caleb B. BEATY. CCA 37478. Review granted on the following issue: WHETHER THE SENTENCE MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE DETERMINED THE SENTENCE BASED ON THE INCORRECT MAXIMUM PUNISHMENT. Briefs will be filed under Rule 25. Note…