court-martial Tag Archives — Page 41 of 60 — Court-Martial Trial Practice Blog

917 on steroids

February 4, 2010 | The Law Office of Philip D. Cave

In 1988 the Court of Military Appeals decided Griffith. I have used the case from time to time, not often successfully. But here is a recent example of what I call 917-on-steroids. I was pleasantly surprised that it was the judge who first raised the Griffith possibility.

R.C.M. 917 allows the defense to make a motion (or the MJ sua sponte) for a finding of not guilty at the close of the prosecution case or at the close of the evidence. I have just completed one of the infamous Army TCS/Reserve TDY cases. The E-8 accused was charged with conspiracy with two others to steal using fraudulent rent receipts, false official statement, theft of funds in excess of $500.00, and two specifications of fraud under Article 132, UCMJ. The standard or amount of evidence is so low that it is hard to obtain an R.C.M. 917 dismissal.

At the close of the prosecution case they had not introduced evidence of a delta between the amount alleged to have been stolen and that to what the accused would have been entitled, and had not introduced evidence that the travel claim vouchers were actually signed and submitted by the accused. Rather than grant a 917 motion, the judge allowed the prosecution time to rethink their case and potentially request they be allowed to reopen. After the interlude the judge kicked the can and referenced Griffith, again giving the prosecution more opportunity to reopen. The military judge is permitted to take such a course of action. See e.g. United States v. Ray, 26 M.J. 468 (C.M.A. 1988).

Up periscope – WE300110

February 4, 2010 | The Law Office of Philip D. Cave

The Army has charged an Illinois National Guardsman in Afghanistan with possession of child and adult pornography, and his family has come to his defense, arguing that he was the target of a personal vendetta.

Army Times reports. This is an ongoing case that started because the kids mother sent him a photograph of a child. In the photograph you can apparently see her crack.

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Up periscope

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

I have commented before about suicides and military justice, Military Suicides.

Marine Capt. Michael A. Webb has died of an apparent suicide in the brig at Quantico while awaiting court martial, a base public affairs officer said Tuesday.

Inisde NoVa reports.

Up periscope – 280110

January 28, 2010 | The Law Office of Philip D. Cave

Moral: when you go AWOL you can’t keep running if you run out of gas. As I drive I-95 I often see military convoys. It had not occurred to me that one or more of the drivers was in the process of going AWOL.

An Army private is in custody in Daytona Beach for being absent without leave from Fort Stewart in Georgia.

Sean Aaron Johnson was discovered Tuesday after the military Humvee he was driving ran out of gas on the side of Interstate 95.

Military, drugs, and sports – lots of tolerance

January 28, 2010 | The Law Office of Philip D. Cave

I have often wondered about how sports players get breaks regular people don’t. This applies within the military just as much as in the civilian community. Hypocrisy rains in the name of sports.

A Naval Academy football player is being permitted to continue as a midshipman even after testing positive for drug use, according to multiple sources and Web sites that have sprung up to criticize the decision.

Every day throughout the services young enlisted men and women are being disciplined, including court-martial, for drugs. Their lives are stained forever (this assumes a continuing of the low chance of success for a discharge upgrade). These un-athletic people are subject to:

Major Hasan – R.C.M. 706 update

January 27, 2010 | The Law Office of Philip D. Cave

Army officials agreed to delay a mental evaluation for the man suspected of going on a shooting spree at Fort Hood until after a military court hearing that will determine if he will stand trial, his attorney said Wednesday.

Houston Chronicle.com reports.

Lamb denied a request for civilian mental health experts to be on the panel, Galligan said, adding that "we will continue to fight that."

Major Hasan follow-up

January 26, 2010 | The Law Office of Philip D. Cave

You’ll remember some time ago now that a suspect was arrested trying to visit Major Hasan while in hospital.

A Texas man accused of saying he legally represented alleged Fort Hood shooter Nidal Malik Hasan is bipolar and was off his medication, his lawyer said.

Senan Kahtan Abrahem of San Antonio was released Monday on unsecured bond after his lawyer told a federal magistrate Abrahem had resumed his medication and was not a flight risk, the San Antonio Express-News reported Tuesday.

Major Hasan update

January 26, 2010 | The Law Office of Philip D. Cave

An attorney for the Army psychiatrist accused of going on a shooting rampage at Fort Hood said Monday he wants his client’s mental evaluation delayed, citing a potential conflict of interest with the exam panel.

Army officials previously appointed a three-member board of military mental health professionals to determine whether Maj. Nidal Hasan is competent to stand trial and his mental status the day of the November shooting, which left 13 dead and dozens wounded on the Texas Army post.

Military.com reports.

Up periscope

January 25, 2010 | The Law Office of Philip D. Cave

I’m traveling to the USDB (and get to come home), so here are some hits.

I follow fourthamendment.com blog every day. Here is part of his reference to Huntzinger, and CAAF’s pending oral argument.

Don’t expect a decision in a while. I’ve always been intrigued by the quality of opinions from the CAAF, so I’m looking forward to it.

Up periscope – Weekend Edition 320110

January 24, 2010 | The Law Office of Philip D. Cave

Fort Lewis case of the soldier accused of causing the death of his 16 year old girlfriend with a drug overdose.

A 20-year-old Fort Lewis soldier has been found guilty of involuntary manslaughter in the overdose death of his 16-year-old girlfriend in his barracks.

A military judge ruled Friday that Pvt. Timothy Bennitt was guilty of “aiding and abetting” Leah King’s wrongful use of the painkiller oxymorphone and anxiety pill Xanax.