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Articles Posted in UCMJ

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Humor in uniform lawyering

LTC Lakin has made his CNN appearance.  His supporters are not happy, as this piece at World News Daily indicates. I found a humorous note in the article.  The writer points out a typo in the charge sheet. “in support of Operation Enduring Freedom with the 32nd Calvary (sic) Regiment,…

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Interrogations

Here is a new article on interrogation tactics. Davis & Leo on the "Sympathetic Detective" Interrogation Strategy Deborah Davis and Richard A. Leo (University of Nevada, Reno and University of San Francisco – School of Law) have posted Selling Confession: Setting the Stage with the ‘Sympathetic Detective with a Time-Limited…

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CAAF decides ‘self-report’ case

In United States v. Serianne __ M.J. ___ (C.A.A.F. 2010), CAAF affirmed NMCCA’s dismissal of a charge that Chief Serianne failed to inform his command of a civilian conviction.  Here is a link to the en banc opinion on an Article 62(b) interlocutory appeal by the government in  Serianne, at…

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PTSD cases

Marine Corps Times reports: Moved by a huge tide of troops returning from Iraq and Afghanistan with post-traumatic stress, Congress has pressured the Department of Veterans Affairs to settle their disability claims — quickly, humanely and mostly in the vets’ favor. This 1969 photo shows Keith Roberts in Navy uniform.…

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Up periscope

KXXV.com reports: A Fort Hood soldier accused of possession of child pornography has been sentenced. A General Court-Martial found Sgt. Donald Keith Whitten guilty of wrongful possession of child pornography earlier this week. Whitten has been sentenced to 16 months of confinement and reduction to Private E1. Just five days…

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Crawford issue

On habeas review of state court convictions, the detective’s trial testimony about the statements of two non-testifying co-actors which implicated the defendant in the shooting and which were used to confront the defendant during his interview violated the Confrontation Clause and constituted plain error, in Ray v. Boatwright, _ F.3d…

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Defense counsel release from a case

An accused has a limited right to counsel in the military.  A very common event for defense counsel is PCS, release from active duty, and orders to deployment.  Marine Corps Times reports: A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of…

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Behenna status

Main Justice reports: A high-profile appeal of an Army First Lieutenant convicted last year of killing an unarmed detainee in Iraq could turn in part on whether military prosecutors withheld exculpatory evidence. [The] case underscores how the government is being forced to explain, in the military courts as well as…

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