Articles Tagged with court-martial

The King James (UK) version of Proverbs 18-17 says:   He that is first in his own cause seemeth just; but his neighbour cometh and searcheth him.

The King James (Am.) version says:  He that is first in his own cause seems just; but his neighbor comes and searches him.

The New Living Testament (2007) says:   The first to speak in court sounds right–until the cross-examination begins.

The accused is charged with indecent assault on a complaining witness and rape on another complaining witness.

Member:  Sir I’m the unit victim advocate.  Individual voir dire continues blah, blah, blah.

Def:  The defense objects on implied bias and liberal grant mandate.

Military.com reports that:

Both the Montgomery and Post 9/11 GI Bills are worth over $49,000. This money is not a loan and will help you cover the costs of getting a degree. Full-time students receive up to $1,368 a month no matter how much tuition costs. The Post 9/11 GI Bill may even give you a monthly housing stipend of $1,200.

Press Republican reports that:

Cannon fire will permeate the air over the PARC museum campus this weekend as forces from the Union and Confederate armies collide on the open fields.

The Clinton County Historical Association will host the third-annual Plattsburgh Civil War Encampment, with two battles between the Blue and Gray scheduled for today and another slated for Sunday.

Pilot Online reports that:

For years, the top officer in the Virginia National Guard has had a paid position with a business run by one of his subordinate officers.

Newman promoted Bonanni to the assistant adjutant general’s post in 2008 while collecting a paycheck from his company.

There’s been lots of litigation about SORNA.  But now, courtesy of Sentencing Law & Policy we learn that DOJ has some recommendations for amending SORNA.

You will be interested to know that this morning the U.S. Department of Justice issued proposed supplemental guidelines modifying several requirements for compliance with SORNA. Many address concerns raised by the states and other stakeholders. They do the following:

  • Gives jurisdictions discretion to exempt juvenile offenders from public website posting
  • Provides information concerning the review process for determining that jurisdictions have substantially implemented
  • Gives jurisdictions discretion to modify the retroactive registration requirement to apply to new felony convictions only
  • Provides mechanisms for newly recognized tribes to elect whether to become SORNA registration jurisdictions and to implement SORNA
  • Expands required registration information to include the forms signed by sex offenders acknowledging that they were advised of their registration obligations
  • Requires jurisdictions to exempt sex offenders’ e-mail addresses and other Internet identifiers from public website posting
  • Requires jurisdictions to have sex offenders report international travel 21 days in advance
  • Clarifies mechanism for interjurisdictional information sharing and tracking.

(update) Here is a link to the 14 May 2010 entry in the Federal Register.

safeguardourconstitution reports that:  “Obama Administration unleashes Army lawyers instead of releasing birth certificate.”  This is shameful hyperbole and utterly incorrect.

LTC Lakin is alleged to have committed offenses in violation of the UCMJ.  The conduct alleged cuts to the very heart of military requirements of obedience to orders, fidelity to the oath of office, and the need for seniors to set the example.  I’m reliably informed that in addition to formal counselings every effort was made pre-preferral to convince LTC Lakin to obey his orders.  In the face of such contumacious behavior the Army had no choice but to prefer charges.  Enlisted personnel are regularly disciplined, court-martialed, and jailed for the same or similar conduct and who have better reasons for their AWOL.  Such a stunning lack of officership cannot pass unnoticed or undisciplined.  Neither President Obama nor his administration has any role in this case at all.  Should the administration try to get involved they should be told – politely – to butt out.

Safeguardourconstitution reports that the Article 32, UCMJ, hearing is scheduled for 11 June 2010.

The report links to a letter to MAJ Kemkes (a great TDS lawyer from Fort Myer) granting a delay of the hearing from 6 May to 11 June.

approval_of_delay_for_art32_hearing

LTC Driscoll, a lawyer, is the IO.  The use of non-lawyers as IO is pretty standard within the Army.  Thanx CAAFLog for the update.

KVUE.com reports that:

The attorney representing the accused gunman in the 2009 Fort Hood shootings says the Army is holding back important evidence in the upcoming Article 32 hearing.

Attorney John Galligan says he needs court documents, including Major Nidal Hasan’s FBI files, to gain more insight into his mental state in the months leading up to the shooting.

There has been quite a bit of discussion recently of waiving appellate review as part of a pretrial agreement.

Here is a timely article from the ABA about this important topic (thanks to Sentencing Law & Policy for the link).

Ellis & Bussert, Stemming the Tide of Postconviction Waivers, 25 (1) Crim. Justice, Spring 2010, ABA.

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