UCMJ Tag Archives — Page 26 of 50 — Court-Martial Trial Practice Blog

CAAF decides ‘self-report’ case

May 6, 2010 | The Law Office of Philip D. Cave

In United States v. Serianne __ M.J. ___ (C.A.A.F. 2010), CAAF affirmed NMCCA’s dismissal of a charge that Chief Serianne failed to inform his command of a civilian conviction. Here is a link to the en banc opinion on an Article 62(b) interlocutory appeal by the government in Serianne, at NMCCA.

On its face the decision has narrow application to a particular Navy instruction. However, the case may impact any revision of the Navy instruction and also the directive that DoD initiated in 2008 on the subject of E-6 and above reporting their civilian convictions.

I have posted before about an April 2008 policy memorandum issues by DoD. The memorandum will require self-reporting of certain civilian convictions.

LTC Lakin update

May 6, 2010 | The Law Office of Philip D. Cave

World News Daily reports that LTC Lakin is scheduled to make another (potentially another) potential public confession:

A U.S. Army officer challenging President Obama to document his eligibility to occupy to Oval Office will be telling his story to Anderson Cooper on his 360 program on CNN.

The interview is scheduled to be broadcast from CNN’s New York studios at 10 p.m. Eastern. Lakin will appear with his attorney, Paul Rolf Jensen.

PTSD cases

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

Marine Corps Times reports:

Moved by a huge tide of troops returning from Iraq and Afghanistan with post-traumatic stress, Congress has pressured the Department of Veterans Affairs to settle their disability claims — quickly, humanely and mostly in the vets’ favor.

This 1969 photo shows Keith Roberts in Navy uniform. Starting in 1987, Roberts filed a string of disability claims with the Veterans Affairs, eventually blaming PTSD for everything from smoking addiction to arthritis. In 1999, Roberts was declared 100 percent disabled and got a lump sum payment, retroactive to August 1993. He was convicted of wire fraud, sentenced to 48 months in prison and ordered to pay $262,943.52 in restitution.
Marine Corps Times

The problem: The system is dysfunctional, an open invitation to fraud. And the VA has proposed changes that could make deception even easier.

PTSD’s real but invisible scars can mark clerks and cooks just as easily as they can infantrymen fighting a faceless enemy in these wars without front lines. The VA is seeking to ease the burden of proof to ensure that their claims are processed swiftly.

Up periscope

April 30, 2010 | The Law Office of Philip D. Cave

KXXV.com reports:

A Fort Hood soldier accused of possession of child pornography has been sentenced.

A General Court-Martial found Sgt. Donald Keith Whitten guilty of wrongful possession of child pornography earlier this week.

Crawford issue

April 30, 2010 | The Law Office of Philip D. Cave

On habeas review of state court convictions, the detective’s trial testimony about the statements of two non-testifying co-actors which implicated the defendant in the shooting and which were used to confront the defendant during his interview violated the Confrontation Clause and constituted plain error, in Ray v. Boatwright, _ F.3d _ (No. 08-2825).

Army Lawyer online

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

http://goo.gl/NOZB

Defense counsel release from a case

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

An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports:

A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in the Iraqi town of Hamdaniya.

Pvt. Lawrence G. Hutchins III, a former sergeant now serving an 11-year sentence in the military prison at Fort Leavenworth, Kan., will be released from confinement if the Navy does not appeal the court’s Thursday ruling, his attorney, Capt. Babu Kaza, told Marine Corps Times. However, Hutchins also could face a new set of charges if the Marine Corps wants to readdress his case.

Behenna status

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

Main Justice reports:

A high-profile appeal of an Army First Lieutenant convicted last year of killing an unarmed detainee in Iraq could turn in part on whether military prosecutors withheld exculpatory evidence.

[The] case underscores how the government is being forced to explain, in the military courts as well as the civilian justice system, its compliance with Brady v. Maryland, the 1963 Supreme Court case that requires prosecutors to turn over exculpatory information to the defense.

LTC Lakin update

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

Should you want to follow the case – from a defense perspective – here are the three most common websites to follow.

WorldNetDaily. This piece about commentary from MG Paul Vallely, USA, appears to be the latest piece: “Retired Army general: LtCol Lakin has a ‘valid point.’

The filing of charges may, however, be part of the still-unrevealed strategy Lakin and his legal counselors are pursuing.

Hamdaniya accused gets temporary reprieve

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

An accused has a limited right to counsel in the military. A very common event for defense counsel is PCS, release from active duty, and orders to deployment. Marine Corps Times reports:

A military appeals court has thrown out the 2007 conviction of a Marine infantry squad leader accused of murdering an innocent man in the Iraqi town of Hamdaniya.

Pvt. Lawrence G. Hutchins III, a former sergeant now serving an 11-year sentence in the military prison at Fort Leavenworth, Kan., will be released from confinement if the Navy does not appeal the court’s Thursday ruling, his attorney, Capt. Babu Kaza, told Marine Corps Times. However, Hutchins also could face a new set of charges if the Marine Corps wants to readdress his case.