NMCCA has released a number of decisions. Several have providency issues and issues not raised by appellate counsel. United States v. Messias. The court set-aside a finding of guilty to because of an inadequate providence inquiry. No sentence relief granted. While the providence inquiry establishes facts sufficient to demonstrate that…
Here is a link to the Executive Order signed 31 August 2010 with amendments to the Manual for Courts-Martial.
safeguardourconsititution (APF) has an affidavit from LTG T. McInerney in support of LTC Lakin’s discovery request. Lawyers interested in the legal merits of the issue will likely find themselves dissatisfied with the affidavit. It is a combination of justification for LTC Lakin’s contumacy and reasons why the discovery should be…
AP is reporting that the Khadr detainee trial will begin again 18 October. Here is an interesting Washington Post opinion piece about some contractors in Iraq. THE ALLEGATIONS are sadly familiar by now: The men were picked up by U.S. military forces, locked in tiny cells, deprived of sleep, and…
ACCA has released an unpublished opinion in United States v. Delagarza. It’s an odd case. A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of violating a general order, false official statement, and two specifications of larceny (from his fellow soldiers), in violation of Articles…
I have been routinely filing a motion in-limine in cases where I expect the prosecution witnesses, typically law enforcement or DFAS, to be providing context testimony. There are several bases to object: hearsay is bootstrapped, there is implied human lie detector testimony, there are Mil. R. Evid. 701 fact wrapped…
WHBL News Radio has this interesting piece. Kurtis Armann was paroled from a federal prison in Ohio last year. U.S. Marshals arrested him in Brookfield in January – and they said they found driver’s licenses and an Army Reserve ID which Armann allegedly used to make fraudulent purchases. When he…
KOMONews.com reports that: The Army specialist who admits she murdered a Pierce County couple then kidnapped their baby two years ago will spend the rest of her life behind bars without the possibility of parole. In the conclusion to the court martial of Specialist Ivette Davila, military judge Colonel Stephen…
Military.com reports that: A Davis-Monthan airman is on trial in military court this week over allegations that he ran a fraudulent Russian bride ring, arranging sham marriages for money with members of the military so the foreign women could obtain legal status in the U.S. The Record-Courier reports on the…
KOLOTV reports: Joint Base Lewis-McChord spokeswoman Catherine Caruso says the pleas from Ivette G. Davila were accepted by the judge, Col. Stephen R. Henley, at Monday’s court martial. She was to be sentenced later in the day to life in prison.