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Articles Posted in UCMJ

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Collateral consequences-immigration

And here is an Air Force Times report: When Rohan Coombs joined the Marine Corps, he never thought one day he would be locked up in an immigration detention center and facing deportation from the country he had vowed to defend. . . . The estimates are of about 8000…

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NMCCA provides reminder of multiplicity in drug cases

United States v. Pippins, is a reminder that when a person possesses drug for a persons own use and/or distribution, the possession is an LIO of the use or the distribution. A review of multiplicity in this case centers on whether the appellant’s possession of BZP is in the same…

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You could have this

For all of the criticisms of military justice and the UCMJ, you don’t have this at court-martial as tipped by Sentencing Law & Policy blog. Cargill, a federal public defender, was perturbed by a rarely discussed U.S. court rule that critics say conflicts with the presumption of judicial openness.  In…

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Up periscope

Air Force Times reports: A U.S. soldier was taken into custody after an Afghan detainee was found dead in his cell, apparently from a gunshot wound, NATO said in a statement Tuesday night. Military.com reports: An American Soldier was charged Wednesday with killing two fellow U.S. troops and wounding a…

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Pretrial and trial publicity

Federal Evidence Review references: In conspiracy and arson trial, reversing and remanding when trial court failed "to make adequate inquiries regarding news stories" that appeared during deliberations and their impact on juror’s deliberations; the judge erroneously failed to explore "whether any juror heard any of the information" and its impact…

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LTC Lakin sitrep

I happened to have business at MDW today so I stopped by to take LTC Lakin’s pulse for his upcoming court-martial and watch today’s Article 39(a), UCMJ, session. The writ was denied today.  A straight line standard denial [thanks to CAAFLog for a copy]. 1.  Mr. Jensen was excused from…

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In the Supremes

Today the court will hear oral argument in Premo v. Moore, a case with potential ramifications for court-martials.  Courtesy of SCOTUSBlog here is a summary: The Sixth Amendment secures a criminal defendant’s right to effective assistance of counsel.  Under Strickland v. Washington (1984), that right is violated when a lawyer’s…

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We’ve seen this before

In a court-martial under the court-martial UCMJ setting, can a PTA bind the prosecution/convening authority to something he or she has no control over — generally the conditions of confinement.  There’s a teachable moment here for the court-martial practitioner. Air Force Times reports: The attorney for a former al-Qaida cook…

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