Court-Martial Trial Practice Blog

Security clearances, etc.

October 3, 2010 | The Law Office of Philip D. Cave

Here is a case of interest for those who do security clearance work. As part of that practice it’s not unusual to have a civilian employee or contractor with a position of public trust issue or background investigation and an SF85. CAC cards don’t always get issued without a favorable SF 85 determination.

On Tuesday, 5 October 2010, the Supreme Court will hear argument in NASA v. Nelson, (I have linked to the as always pithy review from SCOTUSBlog).

The Supreme Court has recognized that the Constitution provides some protection for a right to keep private some personal information about one’s self — for example, medical information, financial matters, and sexual activity. But the Supreme Court has not closely focused on the scope of that right in 33 years. A case about the government’s power to seek access to some personal information, during a background employment or security check, puts the issue back before the Court — with the potential for a sweeping constitutional ruling, or a narrow one closely limited to specific facts.

NMCCA unpublished op. on “immunity”

October 3, 2010 | The Law Office of Philip D. Cave

United States v. Sagona, sentenced at court-martial on 8 May 2008, appeal decided 30 September 2010.

The issue was IAC of trial defense counsel who allegedly failed to investigate and advise on a potential defense of immunity. R.C.M. 704 covers the issues of immunity, tempered by case law. Basically only the GCMCA can grant immunity, but . . . . Cooke v. Orser, 12 M.J. 335 (C.M.A, 1982), is one of the more well known cases about immunity outside the R.C.M. and UCMJ requirements.

The court in Sagona had ordered a Dubay hearing. See United States v. DuBay, 37 C.M.R. 411 (C.M.A. 1986) and United States v. Ginn, 47 M.J. 236 (C.M.A. 1986).

LTC Lakin sitrep 12

October 2, 2010 | The Law Office of Philip D. Cave

With LTC Lakin’s change in civilian counsel the question is, who will pay his legal fees.

The APF said this up until the item was removed (mostly) from the web:

American Patriot Foundation’s Legal Defense Fund will pay for all of LTC Lakin’s attorneys fees and costs, and so we urgently need your tax deductible contribution.

LTC Lakin sitrep 11

October 2, 2010 | The Law Office of Philip D. Cave

Thanks to RC.

The prior link for LTC Lakin’s special page has gone. When you try to go to that link you get the main page of American Patriot Foundation. Clicking to the current projects link gets you to this:

Safeguard Our Constitution

LTC Lakin writ sitrep

October 2, 2010 | The Law Office of Philip D. Cave

Here is a quote from an item on DMLHS’s Facebook wall.

Guess which of your favorite law firms just became "replacement counsel" on the Lakin case? Going to see what we can salvage.

Looks like LTC Lakin may have reached out to Neal Puckett, a real military law knowledgeable person. Either that or Neal is playing a birthday joke on Dwight.

Is there a problem here – again

October 2, 2010 | The Law Office of Philip D. Cave

Air Force Times reports:

A religion watchdog group is asking the Defense Department to investigate whether the Air Force Academy has given a Christian group improper access to the campus to proselytize cadets.

This would not be the first time the AFA has had an issue with support to or enforced support of a specific religion.

Up periscope 82

October 2, 2010 | The Law Office of Philip D. Cave

Army Times reports:

The Army has launched a crackdown on the drug spice at least nine commands in response to a spike in usage among soldiers.

A designer drug that mimics marijuana, spice is legal in most states, and is available for sale in smoke shops and online for around $50 for three ounces.

Note to Legalmen

October 2, 2010 | The Law Office of Philip D. Cave

Navy Times reports:

Nearly four years after Navy officials nixed a mandatory degree requirement for advancement to senior chief, a rating has made an associate degree mandatory for all its sailors.

In September, some of the 487 sailors in the legalman rating started their studies. This move is expected to transform the Navy’s legal community, according to the service’s top lawyer.

Instructions

October 2, 2010 | The Law Office of Philip D. Cave

I posted yesterday on a new Army case dealing with instructions on an affirmative defense in a court-martial under the UCMJ.

Today I’m posting on United States v. Ramon, an unpublished opinion from the NMCCA dated 28 September 2010.

In his sole assignment of error, the appellant alleges that the military judges erred in failing to instruct the members as to mistake of fact as to consent.

Prosecutorial misconduct

October 2, 2010 | The Law Office of Philip D. Cave

On 23 September 2010 USA Today published a front page piece about federal prosecutors.

Federal prosecutors are supposed to seek justice, not merely score convictions. But a USA TODAY investigation found that prosecutors repeatedly have violated that duty in courtrooms across the nation. The abuses have put innocent people in prison, set guilty people free and cost taxpayers millions of dollars in legal fees and sanctions.

USA Today has an opinion piece in today’s paper which is a rebuttal.