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Articles Posted in UCMJ

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An Abu Ghraib post-script?

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…

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LTC Lakin update on WorldNetDaily

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…

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Up periscope

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…

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Pernell update and press access

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…

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LTC Lakin update

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…

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Pernell update

FayObserver reports that: A Fort Bragg soldier accused of rape and break-ins on post, as well as in Cumberland County, is due in court Wednesday for an arraignment hearing. Aaron M. Pernell, 22, of Tulsa, Okla., is charged by the military with two counts of rape, one count of attempted…

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Breaking on Hasan

MySA news reports that: Defense attorneys for Maj. Nidal Malik Hasan, a Fort Hood psychiatrist charged with killing 13 people and wounding 32 others in a mass shooting here last fall, won a four-month delay Tuesday in an evidentiary hearing that could lead to his court-martial. Sitting in the same…

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SCOTUS activity

There are two decisions issued today of some relevance to military justice practitioners.  One relates to Miranda and another to SORNA. As to Berghuis v. Thompkins, Kent Scheidegger of crimeandconsequences blog says: The Miranda rule remains intact in that the police must warn suspects of their rights and that an…

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A lawyers conscience

Dwight Sullivan and I have often referred to Professor Melinkoff’s book, “The Conscience of a Lawyer.”  One synopsis says: Begins with the 1840 murder trial Regina vs. Courvoisier, when, before the second day of trial, Benjamin Courvoisier, the accused, confesses to his lawyer that he committed the crime. The first…

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