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Articles Posted in UCMJ

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Coast Guard appellate case of interest – and providency

Is a false marriage certificate to claim otherwise unauthorized allowances an official document?  No, it would be the presentation of that document as showing an entitlement that is the false statement, not the marriage certificate itself.  The court also found the appellant’s plea to a conspiracy to commit a false…

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Up periscope WE210210

Pilot Online reports: Five sailors could offer testimony contradicting the government’s main witness in the controversial prosecution of three Navy SEALs accused of mistreating a suspected Iraqi terrorist. But whether they’ll take the stand is in question after the government denied their requests for immunity on Friday. As military justice…

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Col Murphy retired at O-2 rank (corrected)

An Air Force colonel will be forced to retire as a first lieutenant, an Air Force review determined. Col. Michael D. Murphy, convicted in April 2009 by a general court-martial for failing to tell the Air Force he was disbarred as an attorney in 1984, will be retired from the…

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Interesting ACCA case pending

In United States v. Willis, No. ARMY 20071339, which is being argued on Thursday, the issue is:  “WHETHER THE PROSECUTION AGAINST APPELLANT WAS BARRED BY A GRANT OF DE FACTO IMMUNITY WHEN THE GOVERNMENT AGREED TO DISMISS CHARGES IF APPELLANT PASSED A POLYGRAPH EXAMINATION AND APPELLANT PASSED A POLYGRAPH EXAMINATION.”…

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Concerned about alcohol abuse

The Navy’s largest overseas installation has seen a significant drop in incidents of drinking and driving over the last two years, thanks in part, to a persistent sobriety checkpoint program, according to base officials. Stars & Stripes reports. The answer to alcohol related incidents, including deaths, injury, and property damage…

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Pantano for Congress

Three Republicans are vying for the nomination to run for the seat and all three are military vets — but only one has the kind of star power that comes with a personal story that extends from Hell’s Kitchen in Manhattan to the fast-money world of Wall Street, and includes…

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Collateral consequences

The 8th Circuit Court of Appeals considers a conviction of “housebreaking,” under Article 130, UCMJ, to be a crime of violence for firearms possession charges in federal district court.  We frequently are asked by clients if they can still own a firearm.  The answer is a very nuanced one, as…

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