UCMJ Tag Archives — Page 16 of 50 — Court-Martial Trial Practice Blog

The possibly soon to be junior senior enlisted at WPAFB

June 29, 2010 | The Law Office of Philip D. Cave

Dayton Daily News reports that:

The Air Force has moved a step closer to deciding whether to court-martial the Air Force Materiel Command’s former top enlisted man on charges he sexually harassed airmen, misused his authority, and tried to persuade others to assign those women to his area.

The investigating officer who heard three days of testimony in May at a hearing for Chief Master Sgt. William C. Gurney at Wright-Patterson Air Force Base has submitted his summary of the testimony and his recommendations to Scott Air Force Base, Ill., which is handling the decision on whether to court-martial Gurney. It could be several weeks before the review of Col. Michael O’Sullivan’s report is done and commanders at Scott Air Force Base render a decision[.]

All too common

June 29, 2010 | The Law Office of Philip D. Cave

CAAF has decided: United States v. Contreras, No. 09-0754/AF

We granted review of the following issue:

WHETHER THE HOUSEBREAKING CHARGE SHOULD BE SET ASIDE BECAUSE THE UNDERLYING CRIMINAL OFFENSE, INDECENT ACTS WITH ANOTHER UNDER ARTICLE 134, UCMJ, IS A PURELY MILITARY OFFENSE.

Fouled by sports again

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

Navy Times reports:

The AP

A sprawling financial scandal at the Naval Academy — involving extravagant parties and a “slush fund” — was an embarrassment that helped lead to an early exit for the school’s superintendent, Navy Times has learned.

Vice Adm. Jeffrey Fowler faced “administrative action” in April as a result of a year-long Naval Inspector General’s investigation, said Rear Adm. Denny Moynihan, the Navy’s top spokesman.

Fort Gillem shooting update 5

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

Among others, the Virgin Islands Daily News reports that:

U.S. Army officials have charged a staff sergeant in the U.S. Army Reserves, a St. Croix native, with the premeditated murder of his supervisor, who was shot multiple times last week at Fort Gillem in Georgia, where the two men were stationed. . . .

A pretrial confinement hearing held Friday determined Valmont will remain in pretrial confinement.

Afghan and foreign AWOLs update 5

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

Fox News reports that:

At least 11 of the 17 members of the Afghan military who went AWOL from an Air Force base in Texas and are considered deserters by their nation have turned up in the exact place you’d expect to find them in the year 2010.

They’re on Facebook. . . .

Graner decided

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

CAAF has decided United States v. Graner. Graner loses.

We granted review in this Abu Ghraib case to determine whether the military judge abused his discretion in (1) refusing to compel the Government to produce certain memoranda requested by the defense; (2) excluding the testimony of, and an e-mail
from, Major Ponce; and (3) limiting the testimony of a defense expert witness. We hold that the military judge did not abuse his discretion in any of these decisions and affirm the judgment of the United States Army Court of Criminal Appeals (CCA).

Humor in military lawyering

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

Army Board for Correction of Military Records, here we come. Actually, there’s probably no requirement to start there I suppose.

The OCWeekly reports that:

Taitz has also been pining for recently sacked U.S. general Stanley McChrystal to give her a call. She says that McCrystal is a "perfect plaintiff to expose Obama’s lack of legitimacy," and that he "needs to file a legal action, seeking compensations, as he was pressured to resign by one who is illegally occupying the position of the commander in chief."

Michigan v. Bryant

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

Professor Friedman alerts that two amicus briefs have been filed. The link to his brief does not work, but the one to NACDL does. As a reminder the QP is:

Whether statements to investigating police officers accusing someone of a crime and describing the offense after it has been completed fall outside the scope of the Confrontation Clause merely because the suspect remains at large or the declarant has been injure

A cautionary tale

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

Here is a posting on Above the Law about a Marine officer attending law school, and his Marine Corps future. It’s not clear if he’s there as a LEP’er. But I suspect he’s on his way to being a leper in a number of communities.

It’s a Scarlet Letter tale for the digital age. A Georgetown law student’s life has completely unraveled. His way of dealing with losing his wife, his mistress, his supposed baby, his military assignment, and good standing at Georgetown Law School? A public confession on Facebook.

Post-trial administrative discharges

June 23, 2010 | The Law Office of Philip D. Cave

CAAF’s journal for 22 June 2010 notes:

No. 10-0468/AR. U.S. v. Sonya M. WATSON. CCA 20080175. Review granted on the following issue:

WHETHER THE ARMY COURT ERRED WHEN IT RULED THAT APPELLANT’S ADMINISTRATIVE DISCHARGE WAS VOIDABLE AND PROPERLY REVOKED AND DID NOT REMIT THE ADJUDGED DISMISSAL.