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Articles Posted in UCMJ

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Second trial counsel

At this point, the military judge interjected and asked 11 foundational questions of the witness. The questions were limited to Major D’s past service as an enlisted Marine in the same MOS as the appellant, his supervisory responsibilities as a Marine Corps gunnery sergeant within that MOS, the total number…

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Recruiter misconduct

With a core part of my business relating to recruiter misconduct issues within the services, I found this item interesting. Inland rape, other cases spur new ethics training for Marine recruiters. About 20 military court-martial trials involving recruiters are under way at any given time, Richardson said. He said statistics…

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Major Hasan representation

I blogged a bit of gossip the other day that there may now be up to 12 trial counsel working on Major Nidal Malik Hasan’s court-martial.  I had blogged that Major Hasan had two military counsel, that appears wrong, and so too might be the rumor of 12 TC. Maj.…

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Major Hasan’s pretrial confinement hearing

The man accused of the Fort Hood shooting rampage is facing tighter restrictions on his communication with the world outside the hospital room, where he lies paralyzed from the chest down, his lawyer said Monday. The lawyer, John P. Galligan, said Maj. Nidal Malik Hasan fell asleep during an hour-long…

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Pregnancy and court-martial

You’ll have seen the blogging and news reports about the potential consequences of a pregnancy while serving in the AOR – which could include court-martial. A US Army general in northern Iraq has defended his decision to add pregnancy to the list of reasons a soldier under his command could…

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Not surprised

Why am I not surprised by Issue III.  See one of my earlier blogs — The Prosecutor’s Gamble.  I’ve blogged several times about trial counsel “suppression” of evidence or information favorable to the defense, despite frequent public relations statements and appellate cases lauding the more open discovery to which a…

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No Coast Guard leadership?

The Article 32, UCMJ, hearing for a Coast Guard O-6 accused of fraternization, adultery, and other offenses with enlisted and junior officer personnel is finished.  An IO report is pending and then a CA decision.  If the information reported as to the general nature of the case is true then…

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Get pregnant-get someone pregnant, go to jail

It is a possibility: The Army general commanding U.S. forces in northern Iraq has added pregnancy to the list of prohibitions for personnel under his command. The policy, which went into effect Nov. 4, makes it possible to face punishment, including a court-martial and jail time, for becoming pregnant or…

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