Articles Posted in Up Periscope

MELENDEZ-DIAZ ACQUITTED.

Courtesy of Professor Friedman counsel in several confrontation cases including the upcoming Bullcoming.

Boston.com reports:

United States v. Edwards.  Good case for a refresher on custody and confinement and their distinctions.

Whether an accused is guilty of escape from custody or escape from confinement logically depends upon the accused’s status at the time of the escape.  Article 95, UCMJ, 10 U.S.C. § 895 (2006).  We granted review in this case to determine whether the military judge erred in accepting Edwards’ guilty plea to escape from confinement.  We hold that Edwards was in custody rather than confinement at the time of his escape and his guilty plea to escape from confinement was therefore not provident.

Note to defense counsel.  If the accused is brought to your office while in custody or confinement for the purpose of case preparation (which is preferred), make sure that any time the client is outside your presence that you make a positive hand-over to the escorts.  That not only ensures the client doesn’t run, as in Edwards, but it’s also protective for the escorts who have a duty to hold on to the client.  Also, if you get a situation like Edwards that might discourage commands from cooperating and cause them to make you go to the Brig for clients meetings.

Bullcoming’s Reply Brief is here courtesy of Prof. Friedman.

Marine Corps Times reports:

More than six years after a Marine corporal was charged with desertion for allegedly faking his own kidnapping in Iraq, his family is once again making rumblings about clearing his name.

The effort, however, wouldn’t play out in military court. Instead, the Utah family of Wassef Ali Hassoun contacted a Los Angeles publicist in search of a $1 million book and movie deal.

United States v. Prather.

We granted review to address the burden shifts found in Article 120(t)(16), UCMJ, when an accused raises the affirmative defense of consent to a charge of aggravated sexual assault by engaging in sexual intercourse with a person who was substantially incapacitated.  We conclude that the statutory interplay between the relevant provisions of Article 120, UCMJ, under these circumstances, results in an unconstitutional burden shift to the accused.  In addition, we conclude that the second burden shift in Article 120(t)(16), UCMJ, which purports to shift the burden to the government once an accused proves an affirmative defense by a preponderance of the evidence, constitutes a legal impossibility.

Yesterday I posted about an AFMC legal opinion that military personnel and their families could be prosecuted for reviewing any of the “classified” materials released in the hush hush case.

Air Force Times reports:

The Air Force is backing off the threat by one of its major commands to pursue espionage charges for airmen who access classified documents on *****.

Wired in its “Danger Room” blog has this.

Last week, the Air Force Material Command’s lawyers warned that airmen who read the purloined classified cables on their home computers — not even government owned or issued devices — could be prosecuted for “dereliction of duty.” And that’s just for starters. ****** viewership could mean “prosecution for violation of espionage under the Espionage Act.”

“DO NOT access the W****  information on government or personal computers;” the command’s legal staff urged, “DO treat the leaked material like any other content assumed to be classified.”

The Pittsburgh Tribune-Review has this report about the WTU.

The Army’s special medical units should be healing more than 9,300 soldiers entrusted to their care.

But a nine-month probe by the Tribune-Review found America’s sick and injured soldiers must struggle to mend inside 38 Warrior Transition units the Army has turned into dumping grounds for criminals, malingerers and dope addicts.

Thanks to Sentencing Law & Policy here is an interesting article about shaken baby syndrome.  The author of the New York Times article delves into the “science” behind the “syndrome,” the emotional zealotry, and the personal motives alleged against both sides of the medical debate.

I have a prior post here, and here.

Marine Corps Times reports:

Col. Robert G. Petit, commander of the 24th Marine Expeditionary Unit at Camp Lejeune, N.C., was relieved of command Saturday following his arrest a week ago in connection with a theft at Walmart in Jacksonville.

Here is a link to my prior post and post here on Wil Cupchik and his thought about why honest people steal.