Court-Martial Trial Practice Blog"My Lai Mea Culpa" Hits Close to Home for UMKC Professor
John Holt FOX 4 Web, September 16, 2009.
Here is a link to some “history” of My Lai.
Articles Posted in Up Periscope
3 Carson soldiers face sex crimes trials
September 15, 2009 1:56 PM
TOM ROEDER, THE GAZETTE
Two Fort Carson soldiers are scheduled for courts-martial this month for alleged sex crimes.
The two privates from a bomb-disposal unit will be in court charged with the forcible rape of a female soldier at the post.
Another sex crime trial that had been scheduled for this week has been delayed, the Army said.
Sgt. Stanley Justice was scheduled to be tried Friday on charges that he fondled a woman earlier this year, possessed child pornography and distributed the prescription pain-killer oxycodone. He’s assigned to the post’s Warrior Transition Unit, which houses soldiers who were injured at war until they’re healed or discharged.
UCI during the “investigative stage.”
NMCCA has issued an opinion in United States v. Glass. This reads like another of the “can they do that,” cases I come across often. During the investigative stages clients constantly want to know “can they do that.” NMCCA’s answer is – well, yes they can – there is nothing illegal going on here.
Here appellant raised the issue of implied UCI during the investigative stages of his case for the first time on appeal. My sense is they were trying to channel Chessani for a win.
Bottom line:
Abu Ghraib appeals.
I posted the ACCA decision in Lynndie England’s Article 66, UCMJ, appeal.
Now this: Monday, Sep. 14, 2009, Military high court to hear Abu Ghraib appeals, By DAVID DISHNEAU –
HAGERSTOWN, Md. — The U.S. military’s highest court has scheduled oral arguments next month on two appeals stemming from the abuse of detainees at Abu Ghraib prison in Iraq.
The appeals of former Sgt. Michael Smith, an Army dog handler, and former Spc. Sabrina D. Harman, an Army military police reservist, are the first the U.S. Court of Appeals for the Armed Forces in Washington has agreed to hear since photographs of naked detainees in humiliating positions shocked the world in 2004.
More on Congressman Wilson and UCMJ jurisdiction.
Bobby Gifford has been kind enough to point our attention to this article.
COURT-MARTIAL JURISDICTION OVER RETIREES UNDER ARTICLES 2(4) AND 2(6): TIME TO LIGHTEN UP AND TIGHTEN UP? By J. Mackey Ives & LTC(R) Michael J. Davidson, 175 Mil. L. Rev. 1 (March 2003)
"In contrast, retired reservists are only subject to military jurisdiction when receiving hospitalization from the military, regardless of their entitlement to retired pay."
Lynndie England – ACCA decision.
ACCA has issued a memorandum opinion in United States v. England, ARMY 20051170 (A. Ct. Crim. App. 10 September 2009).
[A]ppellant claims, inter alia, that (1) the military judge abused his discretion when he rejected her guilty plea; (2) appellant’s trial defense counsel were ineffective for calling Private (PVT) Charles Graner as a presentencing witness, in the alternative; and (3) information about an Article 15, UCMJ, was erroneously included in the staff judge advocate’s recommendation (SJAR).. . .
We find the first two assignments of error merit discussion but no relief. In addition, we find appellant’s third assignment of error is meritorious and will grant relief in our decretal paragraph. The remaining assignments of error are without merit.
Congressman Wilson and the twittersphere.
Quite a few people are twittering and blogging about Congressman Joe Wilson’s recent behavior during the President’s speech to Congress. The basic claim is that he is subject to court-martial. Maybe, maybe not.
Here is what he has on his biography on his official site:
Throughout his life, Joe has also had a tremendous passion to serve his country as a member of the United States Armed Forces. After serving in the United States Army Reserves from 1972-1975, he also served in the South Carolina Army National Guard. In the summer of 2003, Joe retired as a Colonel, having served as a Staff Judge Advocate assigned to the 218th Mechanized Infantry Brigade. At the time, he was the only active Guard member serving in Congress.
Marine sentenced to 8 years in DYTM case.
Marine sentenced to eight years for death in ‘trust me’ game
September 10, 2009 7:49 PM, by Amanda Hickey, of JDNews.com
(Photo: Don Bryan) A Camp Lejeune Marine pleaded guilty Thursday to pointing a weapon at seven Marines and one sailor in a deadly game that left one Marine dead.
Cpl. Mathew R. Nelson pleaded guilty to involuntary manslaughter and seven counts of reckless endangerment during court martial proceedings aboard Camp Lejeune for shooting Lance Cpl. Patrick Malone in the forehead with a 9mm pistol and pointing a 9mm pistol at six additional Marines and a sailor as part of the “trust game” while deployed to Iraq between Oct. 18, 2008, and March 13. The other service men involved according to court testimony were Lance Cpl. Justin D. Brown, Lance Cpl. Christopher K. Motley, Lance Cpl. David W. Bills, Lance Cpl. Emanuel A. Pacheco, Lance Cpl. Carlos F. Sanchez, Lance Cpl. Emerson E. Boutin and then-Petty Officer 3rd Class Spencer H. Hamer.
Naval officer strikes plea deal in sexual assault case.
This story is out by Kate Wiltrout of The Virginian-Pilot, September 10, 2009
NORFOLK
A naval officer accused of sexually assaulting a junior enlisted sailor has pleaded guilty to two charges but maintains he did not commit assault.
A military judge is slated to sentence Lt. Jerome H. Randolph later today. Under the terms of a plea agreement, he faces up to 30 months behind bars as well as discharge from the Navy.
AFA conviction.
AF Academy Major Sentenced In Sex Crimes
AIR FORCE ACADEMY, Colo. (AP) ― An Air Force Academy major has been sentenced to 18 years in prison for rape and other sex crimes.
Academy officials said Wednesday that Maj. Barry Nixon was convicted by a court-martial panel of raping a girl in Germany in 2003. Nixon pleaded guilty to indecent acts on a child and assaulting a woman.
As reported by the Colorado & Denver News, Channel 4.