Court-Martial Trial Practice BlogUnited States v. Newby has been decided and has a reminder for trial defense counsel.
The military judge made a clemency recommendation.
The SJAR failed to note the clemency recommendation.
Articles Tagged with court-martial
Nerad decided at CAAF
CAAF has issued an opinion in United States v. Nerad. RYAN, J., delivered the opinion of the Court, in which EFFRON, C.J., and ERDMANN, J., joined. BAKER, J., filed a separate opinion concurring in the result. STUCKY, J., filed a separate dissenting opinion.
Nerad gets a remand to AFCCA for the court to clarify it’s ruling.
USS Indianapolis
The News-Gazette reports an excerpt from the Congressional Record about the sinking of the USS Indianapolis and the subsequent court-martial of the commanding officer for the loss of his ship. The ship was sunk on 30 July 1945. The ultimate
(b) SENSE OF CONGRESS.–(1) It is the sense of Congress, on the basis of the facts presented in a public hearing conducted by the Committee on Armed Services of the Senate on September 14, 1999, including evidence not available at the time of Captain Charles Butler McVay’s court-martial, and on the basis of extensive interviews and questioning of witnesses and knowledgeable officials and a review of the record of the court-martial for and in that hearing, that–
(A) recognizing that the Secretary of the Navy remitted the sentence of the court-martial and that Admiral Nimitz, as Chief of Naval Operations, restored Captain McVay to active duty, the American people should now recognize Captain McVay’s lack of culpability for the tragic loss of the U.S.S. Indianapolis and the lives of the men who died as a result of her sinking; and
Up periscope
I previously posted about this but here is a more detailed Navy Times report about CSM Crump, formerly of WRAMC.
A former command sergeant major at Walter Reed Army Medical Center fired for allegedly faking his record and wearing unauthorized awards and decorations faces military discipline for a series of bold deceptions that span several years and multiple commands, according to the charges against him.
World News Daily has a piece on LTC Lakin’s OER issue. The piece seems to accept without question or fact-check the allegation that the, “Army convicted me without trial.” It would seem a proper journalistic analysis would review the actual report (still publically unavailable) and review in comparison to AR 623-3 .
Up periscope 55
In a court martial trial that concluded after a panel’s deliberations stretched into the early hours of Saturday morning at Andrews Joint Base, a local Airman First Class was found not guilty of the charges brought against him.
As ABC 7 News reported last week, the charges were brought against A1C Marvin Skipper, Jr., after he fell asleep a second time while on security duty–even though doctors had ordered that he not be placed on that type of duty for medical reasons.
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The Daily Weekly reports on a Fort Lewis Soldier convicted in civilian court of murder. The piece that caught my eye was this:
Since the start of the war in Iraq in 2003, there have been at least a dozen slayings on Western Washington soil alone involving active troops or veterans of Iraq. The body count includes seven wives, a girlfriend, and one child; six other children have lost one or both parents to death or imprisonment. Most gruesome was the double slaying by an attractive Fort Lewis soldier, Spc. Ivette Davila, 22, who shot, killed and then poured acid on the faces of Timothy Miller, 27, and Randi Miller, 25, a military couple stationed at the fort, then kidnapped their child.
Army Times reports:
Humor in uniform lawyering
This report from Savannah.now questions why expert payments within the 3ID claimancy take so long.
The military judge also questioned why experts for the defense continue to have difficulties obtaining payments for work done on Bozicevich’s behalf as attorneys prepare for a February 2011 capital court-martial trial.
The humor is that this is neither a new problem nor a problem limited to the 3ID, or the Army for that matter.
Do Rodriguez and Gilbride mean anything?
United States v. Foisy, __ M.J. __, No. NMCCA 201000026 (N-M. Ct. Crim. App. July 20, 2010). (Thanks to an early posting of the decision by CAAFLog.)
Rodriguez and Gilbride deal with Mil. R. Evid. 304(h)(2) rule of completeness. Mil. R. Evid. 304(h)(2) is a longstanding rule of completeness pertaining to confessions introduced against an accused. See, United States v. Rodriguez, 56 M.J. 336, 341-42 (C.A.A.F. 2002), the rule applies to oral as well as written statements. United States v. Gilbride, 56 M.J. 425 (C.A.A.F. 2002). This is a different rule than Mil. R. Evid. 106.
In deciding the military judge erred in his application of Mil. R. Evid. 304(h)(2), NMCCA identified six non-exclusive factors to consider on the issue.
Up periscope
From on the road.
Air Force Times reports that:
Air Force officials are investigating the Wisconsin National Guard’s top commander.
Ecstatic, a drug to help with PTSD
Oooops, Military.com reports that:
The drug Ecstasy shows positive results in the majority of patients when used to treat post-traumatic stress disorder, according to a report coming out Monday in the Journal of Psychopharmacology.