Up Periscope Category Archives — Page 76 of 108 — Court-Martial Trial Practice Blog Published by International Military Lawyer

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August 25, 2010 | The Law Office of Philip D. Cave

Huffington Post is reporting on the Toussaint case.

A senior chief who was censured by the Secretary of the Navy for hazing sailors under his command may retire with a full pension, Navy officials say.

Since it was announced last October, the terms of Michael Toussaint’s retirement have come under scrutiny that is unprecedented for an enlisted sailor. The senior chief petty officer, who from 2005 to 2006 led a Bahrain-based canine unit that was plagued by widespread documented abuse, denied much of his alleged misconduct in February during a retirement board hearing, a proceeding normally reserved for commissioned officers.

Sounds familiar

August 25, 2010 | The Law Office of Philip D. Cave

Military courts martial do not sacrifice fairness

Re: Military justice system was not fair to Semrau,

THE OTTAWA CITIZEN AUGUST 9, 2010

Aug. 4.

I wish to clarify some misconceptions about the roles and responsibilities of the key actors at a court martial and illustrate that courts martial are indeed rigorously fair.

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August 24, 2010 | The Law Office of Philip D. Cave

Military.com reports that:

A Davis-Monthan airman is on trial in military court this week over allegations that he ran a fraudulent Russian bride ring, arranging sham marriages for money with members of the military so the foreign women could obtain legal status in the U.S.

The Record-Courier reports on the Davila case:

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August 22, 2010 | The Law Office of Philip D. Cave

Coast Guard Report reports that:

Commander, Naval Network Warfare Command, Rear Adm. Edward H. Deets III, relieved Cmdr. Mary Ann L. Giese, commanding officer of U.S. Naval Computer and Telecommunications Station (NCTS) Bahrain Aug. 21 due to loss of confidence in her ability to command.

The decision to relieve Giese comes after a preliminary investigation into allegations that she had been involved in inappropriate relationships with other Navy personnel.

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August 21, 2010 | The Law Office of Philip D. Cave

Army Times reports that:

Second Lt. Douglas Sofranko, a Florida National Guard officer photographed wearing a Navy SEAL Trident insignia he didn’t rate, has been relieved of his full-time duties with the Guard, and his future in the military is uncertain.

The earlier post, “Ooops I have to graduate?”, is here.

Religious offensive

August 20, 2010 | The Law Office of Philip D. Cave

Army Times reports:

The Army said Friday it was investigating a claim that dozens of soldiers who refused to attend a Christian band’s concert at a Virginia military base were banished to their barracks and told to clean them up. . . .

Smith said he went up the chain of command and traced the concert edict to a captain, who said he simply wanted to “show support for those kind of events that bring soldiers together.”

ACCA expert assistance case

August 20, 2010 | The Law Office of Philip D. Cave

ACCA has an excellent unpublished opinion in United States v. McGinnis, No. ARMY 20071204 (A. Ct. Crim. App. Aug. 19, 2010). Here it is with liberal sprinklings of Dwight’s synopsis.

Appellant was convicted of battering his 8-month-old son. His GT score was 90 and he had a reputation for being a dim bulb, submissive, and compliant. His platoon sergeant testified that he wanted to please others and avoid angering people. Army CID agents interrogated SPC McGinnis for 5 1/2 hours. For three hours, he denied wrongdoing. He eventually made some inculpatory statements. After the interrogation ended, SPC McGinnis told his platoon sergeant that he told CID he hadn’t hurt his kids, but they wouldn’t take no for an answer.

SPC McGinnis’s defense counsel asked the CA to retain a specific false confession expert (Ofshe) for the defense. After the CA denied the request, the defense filed a motion to compel, which the military judge also denied. Wrong decides ACCA.

Crime spree Astronaut more than grounded

August 20, 2010 | The Law Office of Philip D. Cave

Navy Times reports:

A former astronaut who gained notoriety for stalking a romantic rival after driving 900 miles straight from Houston is expected to be discharged from the Navy.

A board of inquiry made up of three Navy admirals voted 3-0 Thursday give Navy Capt. Lisa Nowak an “other than honorable” discharge and downgrade her rank from captain to commander, which affects her paygrade and pension.

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August 19, 2010 | The Law Office of Philip D. Cave

WOKV.com reports:

The NASA astronaut who made international headlines after attacking a romantic rival with pepper spray at the Orlando International Airport in 2007 spent Thursday in a military courtroom at Naval Air Station Jacksonville.

The government is asking a Navy review board to recommend discharging Captain Lisa Nowak and reduce her rank and pay grade.

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August 14, 2010 | The Law Office of Philip D. Cave

Military.com reports:

The commanding officer of the Little Creek-based amphibious dock landing ship Gunston Hall was relieved of command Thursday after an investigation into allegations of sexual harassment, simple assault and conduct unbecoming an officer.

Navy Times adds additional information: