CAAF has decided United States v. Graner. Graner loses. We granted review in this Abu Ghraib case to determine whether the military judge abused his discretion in (1) refusing to compel the Government to produce certain memoranda requested by the defense; (2) excluding the testimony of, and an e-mail from,…
Articles Posted in UCMJ
Humor in military lawyering
Army Board for Correction of Military Records, here we come. Actually, there’s probably no requirement to start there I suppose. The OCWeekly reports that: Taitz has also been pining for recently sacked U.S. general Stanley McChrystal to give her a call. She says that McCrystal is a "perfect plaintiff to…
Michigan v. Bryant
Professor Friedman alerts that two amicus briefs have been filed. The link to his brief does not work, but the one to NACDL does. As a reminder the QP is: Whether statements to investigating police officers accusing someone of a crime and describing the offense after it has been completed…
A cautionary tale
Here is a posting on Above the Law about a Marine officer attending law school, and his Marine Corps future. It’s not clear if he’s there as a LEP’er. But I suspect he’s on his way to being a leper in a number of communities. It’s a Scarlet Letter tale…
Post-trial administrative discharges
CAAF’s journal for 22 June 2010 notes: No. 10-0468/AR. U.S. v. Sonya M. WATSON. CCA 20080175. Review granted on the following issue: WHETHER THE ARMY COURT ERRED WHEN IT RULED THAT APPELLANT’S ADMINISTRATIVE DISCHARGE WAS VOIDABLE AND PROPERLY REVOKED AND DID NOT REMIT THE ADJUDGED DISMISSAL. Briefs will be filed…
Lawyering discharges
Schaefer v. McHugh is the interesting case of an Army JAG who finagled a medical discharge, but then the orders were revoked, and upon return to the fold he received a GOMR. It’s not nice to have the Army pay for your law school education and then try to sneak…
Crystal gazing
Well, we have a general idea of what GEN McChrystal is accused of saying, as well of supposed statements of other officers. As I was driving home today I heard a story that he’d submitted a resignation – from the Army, or his current position? USA Today has this piece…
Fort Gillem shooting update 4
Atlanta Journal Constitution reports that: Military officials have charged Staff Sgt. Rashad Valmont with murder in the fatal shooting of Master Sgt. Pedro Mercado at Fort Gillem, U.S. Army spokeswoman Maj. Lenora Hutchinson told the AJC on Tuesday. The report then goes on to say that: The charge of premeditated…
CAAF search and seizure case
United States v. Huntzinger. I. WHETHER THE MILITARY JUDGE ERRED IN CONCLUDING THAT NO SOLDIER AT FORWARD OPERATING BASE (FOB) LOYALTY HAD A REASONABLE EXPECTATION OF PRIVACY IN ANY REGARD. II. WHETHER THE MILITARY JUDGE ERRED IN DENYING A MOTION TO SUPPRESS APPELLANT’S EXTERNAL HARD DRIVE AND PASSWORD PROTECTED LAPTOP…
Up periscope
Fox news reports that: MyFox TampaBay.com The AWOL soldier accused of trying to enter MacDill Air Force Base with weapons and ammunition in his car is not a terrorist and was merely “trying to impress” his girlfriend during the incident, his father said in an exclusive interview with FoxNews.com. .…