njp Tag Archives — Court-Martial Trial Practice Blog

Double jeopardy?

December 2, 2010 | The Law Office of Philip D. Cave

Everyone remembers Pierce and Pierce credit – right. DMLHS at CasaCAAFLog has found this interesting opinion from the federal district court.

This case is before the court on defendant’s motion to dismiss (no. 6). At issue is whether the United States government, consistent with the constitutional requirement of due process, may prosecute a military servicemember in a civilian court for a crime committed on a military installation when the servicemember (a) has already received “non-judicial punishment” pursuant to Article 15 of the Uniform Code of Military Justice, 10 U.S.C. § 815 (“Article 15”); (b) has thereby waived his right to trial by court martial; (c) has not been told that he would be prosecuted in a civilian court anyway; and (d) could have foreclosed both non-judicial punishment and the civilian prosecution by asserting his right to a court-martial. While defendant argues several grounds for dismissal, the court grants the motion on the ground that under the circumstances presented here, this civilian prosecution violates defendant’s right to due process of law under the Fifth Amendment to the Constitution.

Anticipate some change in procedures at Quantico.

Coast Guard CCA sets-aside United States v. Bond

March 22, 2010 | The Law Office of Philip D. Cave

United States v. Bond.

Before this court, Appellant has assigned the following errors:
I.
The military judge erred when he denied the defense motion to dismiss Charges I and III for prior jeopardy.
II.
An unsuspended bad-conduct discharge is an inappropriately severe punishment for the crimes of which Appellant was convicted.
III.
Appellant’s Fifth and Sixth Amendment rights were denied when he was prohibited from recording the Article 32 investigation, and by the subsequent denial of his motion for a new Article 32 investigation.

We exercise our Article 66, UCMJ authority and set aside the findings and sentence.

Shoplifting up

January 2, 2010 | The Law Office of Philip D. Cave

A pun too close to call. Article 15 and court-martial could be on the horizon for more Marines.

Smile, you’re on security cameras.

Despite the field overhead of video surveillance at the exchanges aboard Camp Lejeune and Marine Corps Air Station New River, N.C., Marines are betting the odds they won’t get caught stealing.