Up Periscope Category Archives — Page 88 of 108 — Court-Martial Trial Practice Blog Published by International Military Lawyer

Up periscope weekend edition – 170110

January 17, 2010 | The Law Office of Philip D. Cave

A military court in Kuwait has convicted a third soldier in connection with the August suicide of 19-year-old Keiffer Wilhelm. Staff Sgt. Enoch Chatman of West Covina, Calif., received three months’ confinement and a written reprimand from the commanding general and was reduced two pay levels to a specialist. Chatman was among four soldiers charged with a variety of crimes after Wilhelm’s self-inflicted gunshot wound to the head on Aug. 4.

Mansfield News Journal reports.

A war resister who fled the U.S. for Canada, but was deported to face a court-martial, has been released from confinement. Cliff Cornell spent less than a year in a military prison at Camp Lejeune in North Carolina, and was released this morning [15 January 2010]. Cornell, who fled the U.S. for Canada in 2005 to avoid having to fight in Iraq, wants to return to Gabriola Island, B.C., Canada.

Military suicides

January 16, 2010 | The Law Office of Philip D. Cave

Statistics are starting to be released about suicides, primarily within the Army, showing increases in the numbers. I think it’s reasonably safe to assume that attempts as well as “gestures” have risen during that period of time.

Eight years of war in Afghanistan and Iraq have etched indelible scars on the psyches of many of the nation’s service members, and the U.S. military is losing a battle to stem an epidemic of suicides in its ranks.

Despite calls by top Pentagon officials for a sea change in attitudes about mental health, millions of dollars in new suicide-prevention programming and thousands of hours spent helping soldiers suffering from what often are euphemistically dubbed “invisible wounds,” the military is losing ground.

Exchange, shoplifting, and medication.

January 16, 2010 | The Law Office of Philip D. Cave

A lieutenant colonel said because he suffers from kleptomania he should not be court-martialed for shoplifting last year at Fort Benning, Ga.

Lt. Col. Rodney Page, a 28-year Army veteran, admits to stealing $37 worth of challenge coins at the post exchange, but he blames the Army for mistakenly reducing medication he takes to curb his urge to steal.

“That impulse is so strong that it just overrides your common sense,” said Page, 58, recalling the theft. “I am ethical, even though I have this problem. I’ve never taken anything from anyone I know. You can leave money on the table; I’m never going to touch it.”

Up periscope: 160110

January 15, 2010 | The Law Office of Philip D. Cave

Larson said Hutchinson’s command did offer her child-care options when her plan fell through, but did not specify if those options included foster care, as was alleged by Courage to Resist.

"So far, Spc. Hutchinson has chosen not to take advantage of any of those options," Larson said. "A well-known veterans group was one of the groups offering to assist Spc. Hutchinson in caring for her child during her deployment. This group has an accredited child-care facility for soldiers in just these circumstances."

Coastal Courier reports. No specifics yet on a court-martial trial date.

Williams decided – CAAF

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

CAAF has decided United States v. Williams.

This is a pretrial confinement, Article 13, UCMJ, case.

Up periscope 140110

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

A 69-year-old San Diego County man has pleaded guilty to a federal charge for posing as a decorated Marine major general.

Navy Times reports.

Fort Lewis says an Army private will be court-martialed Tuesday in the death of a 16-year-old high school student in the barracks.

Separations and recruiting

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

Us civilian lawyers frequently get questions about recruiting:

Why can’t I join; why can’t I join without a waiver; why is my OTH, GD, RE2 a bar to enlistment.

Here is part of the answer:

Supervised release

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

Sentencing Law & Policy (an excellent site) has this post which may be of some interest to those dealing with post-confinement issues.

The Third Circuit has today issued an interesting opinion concerning supervised release conditions for a repeat sex offender. The ruling in US v. Heckman, No. 08-3844 (3d Cir. Jan. 11, 2010) (available here), gets started this way:

Arthur William Heckman was indicted and pled guilty to one count of transporting child pornography, in violation of 18 U.S.C. § 2252(a)(1). He was sentenced to 180 months’ imprisonment, followed by a lifetime term of supervised release. On appeal, Heckman challenges three “Special Conditions of Supervision” imposed by the District Court for the remainder of Heckman’s life: 1) an unconditional ban on Internet access; 2) a requirement that he participate in a mental health program; and 3) a restriction on any interaction with minors. While we affirm the mental health condition, we vacate the other challenged conditions and remand for resentencing consistent with this opinion.

SEAL case: trial venue changed to Iraq [correction]

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

A military judge has decided to move the trial for one of three Navy SEALs accused in connection with the alleged assault of a suspected terrorist to Iraq.

Cmdr. Tierney Carlos, the trial judge for the court-martial of Special Warfare Operator 2nd Class (SEAL) Jonathan Elliot Keefe, has agreed with defense motions to move the April 6 trial to Camp Victory in Iraq so Keefe can face the alleged victim, Ahmed Hashim Abed, whom the government sought to depose in lieu of a trial appearance.

“If he is available for a deposition, then he is available for trial,” Carlos said.

Its Briscoe time

January 10, 2010 | The Law Office of Philip D. Cave

Yep, tomorrow is 11 January 2010. Briscoe v. Virginia will be argued at the U. S. Supreme Court. The link will take you to SCOTUSWiki which has all of the relevant pleadings and decisions.