Court-Martial Trial Practice Blog

Sex Offender Treatment-Miramar

February 27, 2016 | The Law Office of Philip D. Cave

The Sex Offender program is under revision. The old sentencing requirements were 45 months to include abatement time (earned time/good conduct time/transportation time and consideration for treatment starting every quarter).

The new Sex Offender Treatment Program (SOTP) requires at least 31 months sentencing to be considered for the program. We do not advocate increasing or decreasing sentencing based on treatment requirements but in order to be eligible for SOTP the member must be sentenced to at least 31 months at time of arrival.

A positive result

February 2, 2016 | The Law Office of Philip D. Cave

United States v. Plant was a difficult appeal, for a lot of reasons. Ultimately we were able to get some relief at the Court of Appeals for the Armed Forces. The court set-aside a conviction of child endangerment and ordered a sentence reassessment.

Faced with the issue back in the Air Force Court of Criminal Appeals we argued that the case should be returned to the field for a rehearing on the sentence. However, we argued the alternative remedy of disapproving one year of confinement. We did that because that was the maximum potential punishment for the child endangerment charge.

Today we received the news that the AFCCA agreed with us on setting aside one year of confinement. This means Plant will be released 16 months earlier than expected.

If

January 30, 2016 | The Law Office of Philip D. Cave

“If we prioritize conviction rates rather than having just verdicts, and if we vote that way in elections, this problem [of unfair, biased criminal prosecutions] will just continue.”

by Todd VanDerWerff on January 11, 2016, Netflix’s Making a Murderer: the directors explain what many have missed about the series. Vox.com, January 11, 2016.

Prosecutorial bias permeates the American judicial system. Prosecutors hell-bent on victory often directly or indirectly prod investigators and experts to get the results they want. It’s refreshing to see a judge recognize this in a well-reasoned, groundbreaking decision.

WTR-Military Law Review articles

January 17, 2016 | The Law Office of Philip D. Cave

Barracks, Dormitories, and Capitol Hill: Finding Justice in the Divergent Politics of Military and College Sexual Assault
Rudderless: 15 Years and Still Little Direction on the Boundaries of Military Rule of Evidence 513
Open-Ended Pharmaceutical Alibi: The Army’s Quest to Limit the Duration of Controlled Substances for Soldiers

A Better Understanding of Bullying and Hazing in the Military

WTR-Military Law Review

January 14, 2016 | The Law Office of Philip D. Cave

Out of Focus: Expanding the Definition of Child Pornography in the Military

The Code Indicted: Why the Time is Right to Implement a Grand Jury Proceeding in the Military

Sexual assaults and improper relationships

January 14, 2016 | The Law Office of Philip D. Cave

The Army Court of Criminal Appeals has an interesting opinion and reminder about the relationship of improper relationships when there is an allegation of sexual assault.

United States v. Delgado, ARMY 20140927 (A. Ct. Crim. App. 6 January 2016).

AR 600-20, para. 4-14b. prohibits relationships between soldiers of different ranks if they:

Huuum.

January 8, 2016 | The Law Office of Philip D. Cave

Is this agent still investigating? Does this agent have any pending investigations or appearance as a witness in a UCMJ case?

A man arrested just before Christmas for allegedly pulling out his gun at a restaurant because he didn’t like the bill is a Special Agent for the U.S. Army’s Criminal Investigation Division.

Curtiss Davis is also accused of exposing himself to a female employee and demanding a sex act.

Military Justice Review Group-Part 1-UCMJ

January 6, 2016 | The Law Office of Philip D. Cave

Thus begins a review of the Military Justice Review Group (MJRG) report Part 1. My comments will be in no particular order.

Confinement to Bread & Water

Currently, a person can be confined for up to three days on bread and water rations, under certain circumstances. The MJRG recommends removing this as a punishment. They do not say why, other than to suggest that:

Bergdahl-trial item 1

January 5, 2016 | The Law Office of Philip D. Cave

The pretrial appellate litigation in Bergdahl is effectively over–charges are referred to trial and he has been arraigned.

For those interested in the litigation to get access to UCMJ art. 32 hearing documents, I have collated the documents here.

There is a new effort to get quicker media access to trial documents from the Hearst Corporation. See, Diego Ibarguen/COL Nance, MJ, ltr of 4 Jan 2016.

Who prosecutes

January 5, 2016 | The Law Office of Philip D. Cave

We are all familiar with the interactions that can occur between the military and civilian prosecutors when deciding who will prosecute a servicemember for crimes in the “civilian” community. Sometimes the result is a civilian prosecution and the military takes adverse administrative actions, sometimes the civilians hand over the case to the military, and sometimes both proceed. Here is an interesting news item from Washington State.

A former soldier accused of murdering his wife can’t get a fair trial because the Pierce County Prosecutor’s Office gave confidential police records to the Army as part of a “scheme” to help the military discharge him, a defense attorney alleged in court Monday.

That argument failed to persuade Superior Court Judge Jack Nevin to halt the prosecution of the former Spc. Skylar Nemetz, but it opened a window on how Pierce County and Joint Base Lewis-McChord decide how to hold soldiers accountable for offenses committed in civilian communities.