The CGCCA has issued a per curiam opinion in United States v. Sapp., a SPCM tried at U.S.C.G. Training Center Yorktown. Before this court, Appellant has assigned two errors: (1) This court should consider the unreasonable and unexplained post-trial delay in determining the sentence that should be approved under Article…
Yesterday AFCCA issued an order in an Article 62, appeal, in United States v. Harris. There is a rather odd, perhaps bizarre, chronology. What next is the question? Appellant charged. Additional charges added. Appellant arraigned. Next day the MJ dismisses the additional charges on defense motion. Same day as the…
Just the other day, alerted by SCOTUSBlog I posted Jones v. Williams as a case to watch at SCOTUS. The issue once again: Issue: Whether the Tenth Circuit violated 28 U.S.C. § 2254(d)(1) by granting habeas relief for ineffective assistance of counsel during plea bargain negotiations to a defendant who…
Air Force Times reports: A wing commander lost his job because he not only played favorites but hid unfavorable information from his bosses about a female lieutenant colonel, and recommended her for promotion, according to an Air Force investigation. Directly from Coast Guard Report blog: UNITED STATES v. Adam R.…
SCOTUSBlog has the 3 June 2010 petitions to watch at SCOTUS. Here is an interesting one. Title: Jones v. Williams Docket: 09-948 Issue: Whether the Tenth Circuit violated 28 U.S.C. § 2254(d)(1) by granting habeas relief for ineffective assistance of counsel during plea bargain negotiations to a defendant who was…
The Canadian Press reports that: Charles Graner was a manipulative sadist, Ivan Frederick sincerely penitent and Lynndie England an infatuated follower who got more notice than her role deserved, according to the authors of a new book on the Abu Ghraib prison abuse scandal. Christopher Graveline helped prosecute the defendants…
WorldNetDaily has commented on the recent memorandum issued by the Article 32, UCMJ, IO in LTC Lakin’s case. But Lakin said the result "makes it impossible for me to have a fair hearing." "I cannot even raise the issue of the president’s eligibility, on the grounds that my position has…
Navy Times reports that: An active-duty Seabee is wanted for questioning in the slaying of his pregnant wife, authorities said. Steelworker First Class (SCW) Eric Gilford, 31, disappeared after his wife, Kristine, was found stabbed to death May 26 in a residence in the Chicago suburb of Villa Park, Illinois…
Army Times reports that: Experts say Fort Bragg likely violated the First Amendment when it sought to prohibit reporters from identifying accusers at a soldier’s arraignment. The Observer doesn’t publish names of victims of sexual crimes. But Pernell faces charges other than sex crimes. The FayObserver writes: Lt. Col. Dave…
Thanks to safeguardourconstitution.com we have the Article 32, UCMJ, IO’s written ruling on several matters in LTC Lakin’s case. Note, “the Army” did not refuse the defense requests. The IO did, acting in his role assigned under Article 32, UCMJ, and R.C.M. 405. This is what I would have expected…