Articles Posted in Up Periscope

Jennifer Grogan, of theday.com connecticut reports that

[The US]CGA expels nine cadets for drug use, 22 August 2009.

Nine sophomore cadets have been expelled from the U.S. Coast Guard Academy for using or possessing cocaine or marijuana.

Thursday, Columbus TV commentator and retired news anchor Al Fleming managed to do what every major network, cable news outlet, newspaper, magazine and blogger has failed to do for more than four decades: get William Calley to speak publicly about his personal day of infamy.

Ledger-enquirer.com, 21 August 2009.

AN EMOTIONAL WILLIAM CALLEY SAYS HE IS SORRY

VILSECK, Stars & Stripes Germany — A manhunt is under way for a U.S. Special Forces soldier who fled after being convicted of kidnapping and sexually assaulting a German woman.

Stewart, 36, is an Iraq war veteran who trains fellow Special Forces soldiers at the International Special Training Center in Pfullendorf.

“He’s an angry animal and not a human,” said the 29-year-old victim, standing outside the Vilseck courthouse Thursday morning after learning he had disappeared. “I know how dangerous he is. It’s impossible to believe that they left him alone last night.”

Here’s an interesting piece from Volokh.

It appears the often bad habits of the military court-room have shown up in federal district court.  The appellate judges don’t seem amused, but neither do they find prejudice.  Tolerated misconduct without findings of prejudice don’t discourage, they encourage.  However, here the defense counsel didn’t help – actually didn’t object.

The Nightmare of Every Rookie Prosecutor: Ouch. From Kozinski’s majority opinion:

A Dubay hearing is about to get underway in United States v. Hutchins.

Travis Bishop’s court-martial

August 18, 11:30 AM Dallas Progressive Examiner Herschel Tomlinson

CAAF has visited statements made by military judges post-trial typically in bridging the gap sessions.  Here is an interesting grant and set-aside:

No. 08-0215/NA. U.S. v. Tyrice L. HAYES. CCA 200600910. Review granted on the following issue:

WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED WHEN IT FOUND THAT APPELLANT WAS NOT DENIED HIS RIGHT TO A FAIR TRIAL DESPITE THE MILITARY JUDGE’S (1)EXHIBITION OF BIAS, AFTER TRIAL, IN ANNOUNCING HIS PERSONAL DISTASTE FOR BOTH HOMOSEXUALITY AND APPELLANT; AND (2) HIS EXHIBITION OF PARTIALITY, DURING TRIAL, BY ADVISING THE GOVERNMENT ON TRIAL TACTICS.

Here is a 10News report of a Marine at San Diego, a law school graduate on his way to becoming a Marine judge advocate.

A San Diego-based U.S. Marine officer, Capt. DW who is accused of rape and indecent assault, will be tried in a general court-martial set to begin Wednesday, Marine Corps officials said.