Articles Tagged with UCMJ

Stars & Stripes reports that:

An Air Force major from Ramstein Air Base was given four months in jail and a reprimand for marijuana use, according to base officials.  At a court-martial at Ramstein earlier this month, Maj. Timothy Reburn pleaded guilty to using marijuana last summer at or near the air base, according to information provided by Ramstein’s legal office.

And:

Here are several interesting “comments” on LTC Lakin’s case.

Mr. Harrington [infra] references and links to Cody Robert Judy;

My Photocandidate for U.S. Senate from Utah and former presidential candidate, [who] has filed an Amicus Curiae brief with the U.S. Army on behalf of Lt. Col. Lakin.

United States v. Yammine.

Here is the granted issue:

WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED EVIDENCE OF FILE NAMES FOUND ON APPELLANT’S COMPUTER THAT WERE SUGGESTIVE OF HAVING CONTAINED CHILD PORNOGRAPHY BUT WHOSE ACTUAL CONTENT WAS UNKNOWN, ALLOWING THE GOVERNMENT TO ARGUE APPELLANT’S PROPENSITY OR MOTIVE TO COMMIT SODOMY OR INDECENT ACTS WITH A MINOR.

AP reports that:

Five soldiers from the same Washington state-based unit have now been implicated in the killing of three Afghan civilians, an Army spokeswoman said Monday.

The Army said Friday that Spc. Jeremy Morlock had been charged with three counts of premeditated murder and one count of assault.

Officer to Army:  See you in court, is the title of a posting to World Net Daily.  The piece also links to the new video release.  I did not see a new confession, merely a continuance of his supposed reasons for his contumacy.

He cited a long list of "reasonable arguments" raising questions about whether Obama was born on American soil.

Assuming arguendo that there are reasonable questions about President Obama’s citizenship, the questions remain irrelevant to LTC Lakin’s court-martial.

The AFCCA has issued its opinion in the relook at United States v. Rose.  The court comes to the same conclusion that the defense counsel advice to the client about sex offender registration was wrong and IAC.  The initial decision at AFCCA is here, and CAAF’s 28 October 2009 journal entry and order is here.

The statements of the appellant’s civilian defense counsel clearly attempt to minimize the seriousness of the indecent assault charges and assure the appellant that he would not have to register as a sex offender. In his testimony at the DuBay hearing, Mr. NC, the appellant’s civilian defense counsel, repeatedly used such phrases as “fairly innocuous” and “just foolery” to describe the sexual assault offenses. Mr. NC claimed lack of memory on many points but, in response to questions from the military judge, did recall concluding that sex offender registration was “not really a credible concern.” Consistent with this testimony, the appellant testified that when he directly asked Mr. NC if sex offender registration would be required Mr. NC told him: “I don’t see why it would be with the allegations that were brought against you. I don’t see why that would be a registerable offense.”

Bottom line it appears AFCCA believes the defense counsel considered the statements as “affirmative misrepresentations . . . concerning significant collateral consequences.”  Slip op. at 5.  Rose was tried in 2005.

Uh, why is this news, as reported by Military.com?  Or, when has this not been a problem?

The commander of Fort Bragg has barred the wife of an 82nd Airborne Division colonel from nearly all interaction with her husband’s brigade and the unit’s families after an investigation found her influence "detrimental to the morale and well-being of both."

Um, the colonel’s wife who treats the O-6 parking spots as hers?

CAAFLog blogged a while back about the declining numbers in Courts-Martials held.  Navy Times reports this as a possible explanation for lower Navy numbers:

The overall number of sailors facing courts-martial has dropped dramatically during the past several years, Navy records show.

General courts-martial for the most serious offenses have fallen by nearly half, from 172 in 2005 to 94 last year. Court cases for lesser crimes have fallen by even more, according to data provided by the Navy’s judge advocate general.

CAAF’s daily journal for 10 June 2010 indicates that CAAF has allowed NIMJ to file a brief on behalf of appellant (I abstained from participation in producing said brief), and allowed NACDL to file an amicus pleading but denied NACDL leave to file an “oversized brief.”

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