Up Periscope Category Archives — Page 86 of 108 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Mother accepts discharge in lieu of trial

February 11, 2010 | The Law Office of Philip D. Cave

An Army specialist who refused deployment to Afghanistan because no one was available to care for her infant son in her absence has agreed to leave the military instead of facing a court-martial, service officials said.

As part of the agreement 21-year-old Spc. Alexis Hutchinson will be stripped of her rank and become ineligible for future military or veterans benefits, according to a release from Army Forces Command.

[T]he Army Forces Command disputed [her] version of events.

Pantano for Congress

February 11, 2010 | The Law Office of Philip D. Cave

Three Republicans are vying for the nomination to run for the seat and all three are military vets — but only one has the kind of star power that comes with a personal story that extends from Hell’s Kitchen in Manhattan to the fast-money world of Wall Street, and includes film-making, a best-selling book, an appearance on "The Daily Show" and charges of murdering two Iraqi civilians.

But before the GOP gets too excited about seeing former Marine 1st Lt. Ilario Pantano take a seat in Congress, it had better face up to the fact that the former infantry officer isn’t your typical Red stater. . . .

April 2004 found him leading a platoon in Mahmudiya, Iraq, where he had in custody two Iraqis he suspected were involved in anti-coalition activities. According to various accounts, Marines had already searched the men’s car and found no weapons. But when weapons were found in a nearby house, Pantano wanted the car stripped down for another search.

Breaking news on Breaker Morant

February 9, 2010 | The Law Office of Philip D. Cave

Remember those NJS days, and at other military justice seminars – scenes from Breaker Morant (the movie), and discussion.

A PETITION for the pardon of Harry ”Breaker” Morant and Peter Handcock, Australian soldiers executed by the British for the murder of prisoners in the dying days of the Boer War, has been forwarded to the Queen by the Attorney-General, Robert McClelland.

[T]he petition argues that the convictions of lieutenants Morant and Handcock, and that of Lieutenant George Witton, whose sentence was commuted, were unsafe; that their trial was unfair; that mistakes were made by the judge advocate; that the men’s right to petition for mercy to the king was ignored, and that the Australian government was deliberately kept ignorant of the trial until after the executions.

Up periscope – WE 070210

February 7, 2010 | The Law Office of Philip D. Cave

Not going too far, how about you?

Meanwhile – – –

A Robins Air Force Base master sergeant was dishonorably discharged and sentenced to 50 years in prison after he was found guilty of engaging in sexual contact with several minors, according to The Robins Rev-Up, the Robins Air Force Base installation newspaper.

USMC CM tracking

February 6, 2010 | The Law Office of Philip D. Cave

Here is a link to MARADMIN 062/10, Implementation of Case Management System for Courts-Martial.

Spice prohibited, alcohol still good to go

February 6, 2010 | The Law Office of Philip D. Cave

A new order from Marine Corps Forces Command explicitly prohibits Marines from using a number of legal substances, including the herbal blend Spice, to achieve an altered state of consciousness or a druglike “high.” . . . The order, dated Jan. 27, bars Marines from using, possessing, attempting to possess, manufacturing or introducing onto military installations any of 10 substances that cause “legal highs.” Spice and salvia divinorum, including their many aliases, are at the top of the list.

JDNews.com reports.

According to MARFORPAC Order 5355.2, the substances known as Spice and Salvia Divinorum, while not listed as a controlled substance and highly accessible by service members, are hereby prohibited to all service members assigned within the MARFORPAC chain of command.

Quantico Brig suicide update

February 5, 2010 | The Law Office of Philip D. Cave

Capt. Michael A. Webb, 46, of Coto de Caza, Calif., was found unresponsive Sunday at 7:21 a.m. and was later pronounced dead at the scene, said Lt. Col. Roger Galbriath.

Webb had been placed under pretrial restraint as a result of the serious nature of his misconduct, because he failed to report to Quantico Marine Corps base when ordered, and because he was determined by an independent reviewing officer to be a flight risk.

InsideNoVA.com reports.

Case tools

February 5, 2010 | The Law Office of Philip D. Cave

Here’s a link to the DOJ list of principal FOIA contacts at federal agencies. I’ve added this as a link to my list of important sites.

Here’s a link to Mark Bennett, 16 Simple Rules for Better Jury Selection, 22(1) The Jury Expert, Jan. 2010. The highly entertaining Bennett has some interesting rules: The Shrek Rule, the Blind Date Rule, and the Beer Pong Rule. Behind the entertaining naming there is value in what he says, it’s just better than a boring ol’ textbook.

917 on steroids

February 4, 2010 | The Law Office of Philip D. Cave

In 1988 the Court of Military Appeals decided Griffith. I have used the case from time to time, not often successfully. But here is a recent example of what I call 917-on-steroids. I was pleasantly surprised that it was the judge who first raised the Griffith possibility.

R.C.M. 917 allows the defense to make a motion (or the MJ sua sponte) for a finding of not guilty at the close of the prosecution case or at the close of the evidence. I have just completed one of the infamous Army TCS/Reserve TDY cases. The E-8 accused was charged with conspiracy with two others to steal using fraudulent rent receipts, false official statement, theft of funds in excess of $500.00, and two specifications of fraud under Article 132, UCMJ. The standard or amount of evidence is so low that it is hard to obtain an R.C.M. 917 dismissal.

At the close of the prosecution case they had not introduced evidence of a delta between the amount alleged to have been stolen and that to what the accused would have been entitled, and had not introduced evidence that the travel claim vouchers were actually signed and submitted by the accused. Rather than grant a 917 motion, the judge allowed the prosecution time to rethink their case and potentially request they be allowed to reopen. After the interlude the judge kicked the can and referenced Griffith, again giving the prosecution more opportunity to reopen. The military judge is permitted to take such a course of action. See e.g. United States v. Ray, 26 M.J. 468 (C.M.A. 1988).

Up periscope – WE300110

February 4, 2010 | The Law Office of Philip D. Cave

The Army has charged an Illinois National Guardsman in Afghanistan with possession of child and adult pornography, and his family has come to his defense, arguing that he was the target of a personal vendetta.

Army Times reports. This is an ongoing case that started because the kids mother sent him a photograph of a child. In the photograph you can apparently see her crack.

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