Court-Martial Trial Practice Blog

Another get out of trouble note, or a good idea?

October 6, 2015 | The Law Office of Philip D. Cave

Non-rated period approved for victims of sexual assault

Per a recent change to Air Force Instruction 36-2406, Officer and Enlisted Evaluation Systems, victims of sexual assault are now authorized non-rated periods. Per paragraph 3.3.10.1.2, Sexual Assault (Unrestricted Report): The Airmen will submit the request, using memorandum format to their unit commander. The initial non-rated period, if the commander approves, is 120 calendar days; additional periods (60-day increments) may be requested for the Airman’s recovery, and will be requested in the same manner. It is prohibited to include comments on any correspondence regarding the member’s filing of an Unrestricted Report of sexual assault, receiving support services, and/or participating in the investigative process and/or judicial proceedings.

WorthTheRead-Schlueter on Commanders and Sex

October 6, 2015 | The Law Office of Philip D. Cave

David A. Schlueter, American Military Justice: Responding To The Siren Songs For Reform. 73 A.F. LAW REV. 195 (2015).

In Greek mythology, a “siren” was a creature—half bird and half woman— that would lure sailors to destruction with their sweet and enticing songs. Today, the American military justice system is being subjected to sweet and enticing calls for reform—siren songs. At first hearing, the well-intentioned proposed reforms appeal to a sense of justice. On closer examination, however, those proposed reforms threaten the essence and functionality of an effective and efficientsystem of criminal justice that is applied in world-wide settings, in both peacetime and in war.

Proposals to change the American military justice system have generally come in waves, following major military actions, which tended to expose those elements or features of the system which had not worked well, or in the minds of the reformers, could be made better.

Schloff update

October 2, 2015 | The Law Office of Philip D. Cave

Today we filed an application for an extension of time to file a petition for a writ of certiorari with the U. S. Supreme Court. If granted the petition will be due 15 December.

A quick resolution of the sentence rehearing issue

September 29, 2015 | The Law Office of Philip D. Cave

Friday, April 3, 2015

Certificates for Review Filed

No. 15-0462/MC. U.S. v. Michael A. Arnold. CCA 201200382. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this date, on the following issue:

Need we say more

September 29, 2015 | The Law Office of Philip D. Cave

Timothy Hennis filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Mr. Hennis is confined at the United States Disciplinary Barracks in Fort Leavenworth, Kansas (“USDB”). He challenges his 2010 conviction by general court-martial for a triple murder that occurred in 1985. Petitioner mainly claims that the military court-martial lacked jurisdiction. He alleges other constitutional violations in the 14 grounds presented in his petition. The Court has screened the petition and finds that Mr. Hennis had not exhausted military court remedies. The Court dismisses this action without prejudice for failure to exhaust.

Hennis v. Nelson.

A good recitation of habeas for military accused’s and prisoners. Of note:

Bergdahl v. Burke

September 25, 2015 | The Law Office of Philip D. Cave

The next sneaker has dropped in the writ petition of Bergdahl v. Burke, regarding release of the AR 15-6 investigation.

Here is a link to the amicus filing of the Center for Constitutional Rights in support of petitioner.

Add this to concerns about EMDR

September 15, 2015 | The Law Office of Philip D. Cave

http://www.medicalnewstoday.com/articles/299443.php

While numerous studies have hailed mindfulness meditation for its potential benefits for the mind and body, new research suggests it may have a negative impact on memory.

While mindfulness meditation is believed to be beneficial for the mind and body, researchers say the practice may impair the ability to accurately recall memories.

Oh please. . .

September 12, 2015 | The Law Office of Philip D. Cave

The Gazette of Colorado Springs has an article on the current USAFA sexual assault case. It’s worth the read because of its misinformation, or perhaps lack of understanding. So here goes with some comments.

1.People are upset because it’s odd the hearing was closed for quite a bit of time. Duh. Of course it’s closed:

But a series of contentious, closed-door hearings has delayed the case.

It took how long?

September 11, 2015 | The Law Office of Philip D. Cave

It took how long?!%#@

Well, in United States v. Gonzalez, a Coast Guard general court-martial, the sentence was announced on 27 July 2011. The case did not get docketed with the CGCCA until 19 December 2014. That means a total of 1,241 days went by before the appellate court began a mandated review under UCMJ art. 66(c).

And people wonder why appeals take so long.

Those pesky OSI/NCIS/CID/agents are lying, or not

September 7, 2015 | The Law Office of Philip D. Cave

(W)e seem to be on an endless quest to unmask the deceiver. This is easier said than done. The research is surprising.

Even the professionals aren’t very good at catching people in a lie.

When we do catch a lie, it’s often not for the reasons you may expect.