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Articles Posted in UCMJ

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Hutchins released

Marine Corps Times reports that: A Camp Pendleton Marine whose murder conviction was recently overturned was released Monday after serving four years in prison for a major Iraqi war crimes case, his lawyer said. An emotional Sgt. Lawrence Hutchins III vowed to be the best Marine he could be while…

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CGCCA affirms judge on an Article 62 appeal

United States v. Daly. Initially the accused was charged with violating a CG Personnel Manual regulation (about personal relationships) under Article 134, UCMJ.  After some discussion of preemption issues (Dwight-san?), the charge was amended to remove the violation of a lawful order language.  Then the defense challenged the charge on…

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Blazier – er, I mean Pendergrass update

CAAFLog has posted a link to the denial of certiorari in Pendergrass v. Indiana.  When the Supremes, or any appellate court, denies a petition this is what I usually think of.  Probably need to update my trial notebook because there must be a more recent “quote?”  Stern & Gressman must…

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Up periscope

Stars & Stripes reports that: An Air Force major from Ramstein Air Base was given four months in jail and a reprimand for marijuana use, according to base officials.  At a court-martial at Ramstein earlier this month, Maj. Timothy Reburn pleaded guilty to using marijuana last summer at or near…

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LTC Lakin – survey of some interesting diatribes

Here are several interesting “comments” on LTC Lakin’s case. Mr. Harrington [infra] references and links to Cody Robert Judy; candidate for U.S. Senate from Utah and former presidential candidate, [who] has filed an Amicus Curiae brief with the U.S. Army on behalf of Lt. Col. Lakin. It looks like he…

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Yammine – and computer file names

United States v. Yammine. Here is the granted issue: WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED EVIDENCE OF FILE NAMES FOUND ON APPELLANT’S COMPUTER THAT WERE SUGGESTIVE OF HAVING CONTAINED CHILD PORNOGRAPHY BUT WHOSE ACTUAL CONTENT WAS UNKNOWN, ALLOWING THE GOVERNMENT TO ARGUE APPELLANT’S PROPENSITY OR MOTIVE…

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The Ramrod five

AP reports that: Five soldiers from the same Washington state-based unit have now been implicated in the killing of three Afghan civilians, an Army spokeswoman said Monday. The Army said Friday that Spc. Jeremy Morlock had been charged with three counts of premeditated murder and one count of assault. On…

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Advice to the client – SOR – collateral effects

The AFCCA has issued its opinion in the relook at United States v. Rose.  The court comes to the same conclusion that the defense counsel advice to the client about sex offender registration was wrong and IAC.  The initial decision at AFCCA is here, and CAAF’s 28 October 2009 journal…

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