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Articles Posted in UCMJ

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LTC Lakin update

Oh, For Goodness Sake blog is reporting that Orly Taitz is now assisting in LTC Lakin’s defense? A posting at A Natural Born Citizen . . .  Orly? appears to indicate that one of Orly Taitz’s blogs has been taken over – I think by aliens.  Oh man what a…

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Up periscope

Coast Guard reports indicates that: Rear Adm. Gary T. Blore, commander of the Thirteenth Coast Guard District, has relieved Capt. Fredrick G. Myer from his duties as commander of U.S. Coast Guard Sector Portland, Ore., Friday, citing alleged misconduct due to a violation of military regulations, specifically unauthorized use of…

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MJ Summer Camp IV

Introducing evidence or refreshing recollection? TC:  May I approach the witness? MJ:  Yes. TC:  I’m handing prosecution exhibit 3 to the witness, please look at that. DC:  Can we see that first please? TC:  Your honor we gave a copy of this to the defense in discovery. DC:  Your honor…

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MJ Summer Camp – III

A constant frustration – how to impeach (and typically with the book is sitting there on counsel table). Complaining Witness:  Blah, blah, blah. Defense counsel:  Now Ms. Complaining Witness you received an Article 15  . . . . (“Objection,” – “Sustained.” [DC looks at judge with a ‘what did I…

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Wanat fall-out

I previously posted about an Army decision to rescind GOMR’s for several officers involved in the Wanat event.  [Military to open new investigation into battle that killed nine soldiers, and here.]  Here are links to a two parter by Tom Ricks on Wanat in Foreign Policy: The families respond I…

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MJ Summer Camp – II

Your client is charged with burglary, theft, and false official statement.  You call a good Sailor witness.  The witness testifies.  Imagine the questions I asked in MJ Summer Camp I, or just as easily that there has been no prior impeachment cross-examination. Trial counsel:  LTC Witness, does a good Sailor…

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NMCCA sets aside a rape conviction

United States v. Ruiz should sound familiar to most defense counsel – the basic facts that is.  An adultery case becomes a rape allegation. In particular I recommend: Reporting the Alleged Rape On the night of the alleged rape, after returning to the barracks, AN P did not report the…

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Another LIO case

Here is an interesting Order in United States v. Aguilar where the court has specified an issue. Whether assault consummated by a battery in violation of Article 128, UCMJ, 10 U.S.C. § 928, of which the appellant was convicted, is a lesser included offense of the charged Rape by Use…

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MJ Summer Camp – I

A constant pet frustration – lack of understanding of how to impeach.  Let’s look at this from a common witness situation – the good military character witness. Witness:  Blah, blah, blah. Witness:  In my opinion Private Rumpelstiltskin is a good Soldier. Trial counsel:  Now LTC Witness, you’re aware that the…

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