Articles Posted in Up Periscope

This week sees oral argument in Williams v. Illinois.  This case may impact urinalysis cases.

Here are the documents in Williams v. Illinois, courtesy of SCOTUSBlog. You need to follow this case because it’s relevant to urinalysis cases based on drug lab results.

Professor Friedman draws attention to several articles:

St. Louis Today reports:  A court-martial acquitted a former military nurse of murder Saturday after he was accused of giving lethal doses of painkillers to hasten the deaths of three terminally ill patients at the Air Force’s largest hospital.

ACCA has scheduled oral argument in United States v. Akbar for 1 February 2012, at the new court facility on Fort Belvoir.

The Washington Times has a rather odd piece on United States v. Pantano.

Boston Globe reports:  An Army sergeant accused of killing his roommate, a Falmouth man, while the two served in Iraq will face a hearing next month that will determine whether the case should go before a court martial, according to the victim’s family.

Navy Times has a piece on one of the CO’s fired in 2010.  The Navy provided only a rough sketch of the conduct and climate when it announced Wilhelm’s relief last year. But the NCIS investigation Rear Adm. Dave Thomas relied upon to mete out discipline, although heavily redacted, is almost a clinic on the wrong way for commanding officers to comport themselves, especially male COs leading female officers.

A female officer said that in early 2010, when the ship was deployed to Haiti, she made a comment in the wardroom that she was hungry. Wilhelm, she said, asked her if she was pregnant. She replied, “No sir, I’m not.” She said he replied, “Good, because if you were, I’d hand you a coat hanger.”

We all have sea stories.  Us older lawyers have many.  To us they are exciting and interesting.  To others, I know . . .   But move beyond the braggadocio  and sea stories can at times be instructive and helpful.  So, with a shout-out to our seagoing brethren, the Coast Guard, let me tell a story which I put in the category of Aids to Litigation.  Now, No-man is going to tell me this is about trials.  But read on, and I think you will see how this story can aid appellate litigation for the appellate lawyers and appellate judges.  OK, the ship is ready for sea in all respects – stand by to cast off.  Ooops, let’s though first set the Sea & Anchor Detail with a cobbled together part of a transcript.

TC:  Tell the members how far away you were when you saw the accused hit the victim.

WIT:  About twenty feet.

Threat Level reports:

The defense attorney representing alleged [W] Bradley Manning plans to call up to 50 witnesses at a pre-trial hearing scheduled to occur next month in Maryland, as well as introduce a number of unspecified motions, according to the organizers of a support group for the soldier.

The witnesses could include Daniel Ellsberg, famed Pentagon Papers leaker, who would talk about the benefit Manning’s alleged leaks provided to the public, as well as technical experts who would speak to the actual evidence on which the charges against Manning are based. The latter might include assessments of forensic evidence from classified networks and databases that contained the sensitive documents Manning is charged with downloading and leaking.

The Terry Lakin action fund is reporting that Mr. Lakin’s dismissal has been approved and ordered executed.

If correct he is now Mr. Lakin.  Unlike a retiree who retains her commission, or an honorably discharged officer who may use the honorific, one who is dismissed by court-martial loses the privileges of rank, including being addressed by her rank. 

Query, if he continues to refer to himself as a lieutenant colonel, and gains money from the use of the title, does he violate the Stolen Valor Act?  The current act is before the Supreme Court in United States v. Alvarez, No. 11-210.  I’ve linked to SCOTUSBlog so you can read all the materials if desired.  But the Congress has before it the Stolen Valor Act of 2011.

Image_15607357.jpgStars & Stripes reports:  A Kadena airman will face court-martial on murder charges following the February stabbing death of a member of his squadron and could be sentenced to death, according to an Air Force 18th Wing announcement Monday.

The victim’s wife, 32-year-old Barbara Keiko Eccleston, was charged by Okinawa prosecutors in the slaying in February. She was living in Japan as a Brazilian national and faces charges under Japanese law.

Here is a link to a Writ filed with AFCCA in this case, United States v. Cron.  Cron had sought appointment of an interpreter for his Article 32, UCMJ, hearing, which was of course denied by the CA. 

Army Times reports:  An investigation into the command climate of 67th Battlefield Surveillance Brigade blasted the former commander as a “bullying leader” whose command triggered at least two congressional inquiries.

Reuters reports:  SSG Bram was sentenced to five years.  It took the members 90 minutes to reach findings and one hour to decide a sentence.  It’s always hard to guess what’s going on in deliberations in terms of “how long will they take,” but this seems pretty quick.

Marine Corps Times is drawing attention to the “Occupy[ers].”

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