Articles Posted in Up Periscope

Another collateral consequences note, from United States v. Taylor, No. 10-3132 (7th Cir. July 7, 2011).

Taylor was serving in the Navy when he was charged with forcible sodomy in violation of the Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 925. He pleaded guilty, and a general court-martial sentenced him to seven months in prison.

Kenneth Lee Taylor entered an open plea of guilty, without the benefit of a plea agreement, for failing to register as a sex offender in violation of the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. § 2250. The district court judge sentenced Taylor to eighteen months in prison, twenty years of supervised released, and a $100 special assessment fee. We affirm.

Stars & Stripes reports:  The postponed court-martial for an airman accused of killing his 8-month-old son has been set for Sept. 8, a Spangdahlem spokeswoman said Thursday.

KUT reports:  The lawyer for Major Nidal Hasan claims the Army’s decision to try his client before a court-martial wasn’t a surprise, but that wasn’t properly notified about the decision.  The decision was announced this morning by the post’s commander. Lieutenant General Donald Campbell also authorized the death penalty as a possible punishment.  Attorney John Galligan said he was upset about not being notified of the decision earlier.  (Not unusual.  But you’d think they’d do the courtesy of providing the defense counsel the documents at the same time as service on the client and announcement.)

KCENTTV.com has a video interview with John Galligan about Major Hasan.

The next up in a series of confrontation cases.  I’ve already put you onto the great Professor Friedman.

Here are the links courtesy of SCOTUSBlog to the documents beyond the Illinois opinion.

Certiorari-stage documents

Let’s been lots going on with the DADT issue.  Yesterday Washington Blade reports:  A federal appellate court in California on Wednesday overturned a stay on an injunction that had barred the U.S. government from enforcing “Don’t Ask, Don’t Tell,” allowing gay service members to start serving openly in the armed forces.  And the New York Times reports:  A three-judge panel of the United States Court of Appeals for the Ninth Circuit issued a two-page order against the policy known as “don’t ask, don’t tell” in a case brought by the groupLog Cabin Republicans.

Yes you do.  But it “expired” six months ago, have a nice day, oh and here’s your court-martial charge sheet.

Military.com reports:   Soldiers who take their prescription medications six months after dispensation and pop positive on a urinalysis test could see their careers go down the toilet.  Changes made to Army Medical Command regulation 40-51, issued by the surgeon general via an All Army Activities message Feb. 23, announced that controlled substances could only be used up to six months from the prescription issuance date.  This announcement may seem minor, but .. . . All it would take is a positive urinalysis test.

CAAF has issued opinions in:

United States v. Schubert.

Judge Baker writes for the majority, joined by Ryan and Stucky.  Judge Erdmann wrote a dissent in part and a concurrence in the result and he was joined by the chief judge.

Reuters is reporting that MAJ Hasan’s case has been referred to a death penalty eligible court-martial

So I’m reading a ROT for a case tried after 2005.

During the challenge for cause part of the trial the trial counsel seeks to challenge member(s) under the liberal grant policy.

An early explanation of the liberal grant comes from United States v. White, 36 M.J. 284, 287 (C.M.A. 1993).

I get asked a lot about upgrades to discharges and whether it’s possible to enlist, or whether it’s possible to be retained —

Army Times reports:  The Army is cracking down on soldiers who are drug users, problem drinkers and troublemakers.

I used to tell people that when there was a lot of combat action and people were getting killed and the economy was good it’s possible that the person would get a break.  In the last few years I’ve changed to – generally you aren’t getting a break:  it’s a bad economy and recruiters are doing well in making production, and the economy is bad.

Air Force Times reports:  Chief of Staff Gen. Norton Schwartz has asked the Defense Department to reconsider the decision to downgrade three one-star legal billets, saying each position merits “having a general officer in the seat.”