Articles Posted in Up Periscope

Here is Gene Fidell’s comment on H.R. 569, which asks be named in honor of former Chief Judge Robinson O. Everett.

The Volokh Conspiracy is reporting on an interesting obscenity conviction in the Fourth Circuit.

The cautionary tale – do not blog, chat, email, or in any other way discuss through the internet your secret fantasy of what you’d like to do with a child sexually.  Besides being a very very obnoxious, unwholesome, and disgusting idea, it can get you prosecuted and convicted.

Obscenity Conviction for Adult-to-Adult Noncommercial E-mail About (Fantasy) Sex With Children:

Here is a link to Volume 63, Air Force Law Review.

There are two articles of interest to military justice practitioners.

DEPOSITIONS AND A CASE CALLED SAVARD ……………………………….. 1
Colonel Mark L. Allred, USAF

Here is a link to the Spring 2009 issue of The Reporter.  There are three items of interest to military justice practitioners.

JUDGE-ONLY SENTENCING: Judicial Power Grab?
Major Brian M. Thompson

CONVENING AUTHORITY
ACTIONS: Why It’s More Important Than Ever to Get Them Right
Major Jeremy S. Weber

One of OSI’s “most wanted” has been captured.

Lakenheath airman convicted of possessing child porn is arrested after 8 months on the lam. Stars & Stripes, 5 June 2009.

A law enforcement team — led by the Air Force Office of Special Investigations — apprehended Airman Jeremy Parrot in the town of Ipswich just a day after he was featured on the June 2 edition of the British television show “Crimewatch.”

United States v. Nance, __ M.J. ___, No. 09-0164/AF (C.A.A.F. June 3, 2009).

This case fits within the never ending discussion of what is enough for a provident plea.  How much must the accused say, to what extent can the military judge ask leading questions, and what is the effect of the usual “no questions” when the MJ asks either counsel if they want him to ask more questions.  If my recollection is correct, most of the recent providency related cases are for violation of Article 134, and the question really relates to what is enough to satisfy the SD/GoD requirement.

For military judges the court has said that you are OK asking leading questions to clarify points already established elsewhere in the record.  The court will look to the whole record to decide whether the record is sufficient.  It seems that the court is going to apply a balancing test.  If the whole providency is nothing but “yes sir,” to a MJ question look for a potential bounce.  But if the record is resonant with a stipulation of fact, some inculpatory statements of the accused, then good to go.

Having represented numerous recruiters I’m aware that productivity is everything, and that creative “incentives” are often developed.  But . . .

Police have arrested a Marine Corps recruiter on charges of felony pimping and kidnapping and are looking into whether he used sex with a 14-year-old girl to entice potential recruits.

Police say Recruiter Pimped Girl, 14, Military.com, from AP.

A Navy chaplain who served aboard the aircraft carrier Carl Vinson was found guilty Monday of raping a young enlisted woman.

The woman Dillman raped said that he befriended her after she came to him seeking help with problems. She said he attacked her in his apartment one afternoon after they had worked out together.

Virginian-Pilot, 1 June 2009.

It’s not hard to believe recruiters might go to any lengths to complete mission, having represented a lot of recruiters and also those who claim they were improperly recruited.  But does this not take the cake?  Not only the recruiter, but MEPS, and he got through boot-camp.

Rick Rogers, Case stirs military recruiting questions: Autistic man in brig, facing court-martial, San Diego Union-Tribune, 1 June 2009.

The Marine Corps is investigating how an autistic man now facing court-martial managed to join the service and graduate from boot camp in San Diego.

Here is the Federal Register for CAAF rule changes.