UCMJ Tag Archives — Page 29 of 50 — Court-Martial Trial Practice Blog

NMCCA opinion

April 15, 2010 | The Law Office of Philip D. Cave

NMCCA has decided United States v. Oglesby.

The issue was prosecution sentencing evidence of other acts toward the victim which had not been charged. Appellant alleged that the military judge failed to conduct a proper 1001 and Mil. R. Evid. 403 balancing test. NMCCA disagreed.

NMCCA found that the military judge properly evaluated the evidence as to its admissibility, including a 403 balancing. The court further found that the military judge correctly gave a limiting instruction to the members on how they could use the additional evidence.

Hennis panel still deliberating

April 15, 2010 | The Law Office of Philip D. Cave

FayObserver notes the issue yesterday where the members wanted answers about parole should he be sentenced to life. I found this piece odd.

The jury left the courthouse at Fort Bragg about 5:30 p.m. Wednesday evening without a decision on a sentence for Hennis: life in prison or the death penalty. A death sentence requires a unanimous vote of all 14 jurors; a life sentence requires agreement from at least 11 of the jurors.

Hennis was convicted of premeditated murder, so it’s one or the other life or death. The paper seems to have picked up on the three-quarters vote needed for a sentence in excess of 10 years. In this case he’s already going to get life, the question is whether all 14 members will vote to terminate it.

The apolitical military

April 14, 2010 | The Law Office of Philip D. Cave

There are good reasons that the military should be apolitical in public, and as political as it wants in the voting booth.

Politics Daily reports:

The Army will court martial a lieutenant colonel who refuses to deploy to Afghanistan because he won’t accept orders from President Obama, whom he considers unqualified to be commander in chief, military officials said Wednesday.

Up periscope

April 14, 2010 | The Law Office of Philip D. Cave

Military.com reports that:

They are sold under catchy names like Sage of the Seers, Magic Mint and Thang, designer drugs that can be legally sold at shops and online in most cases.

But due to their increasing use by Sailors and the effects they cause, these designer drugs have been added to the U.S. Navy’s zero-tolerance drug-abuse policy.

Lakin update

April 14, 2010 | The Law Office of Philip D. Cave

GiveUsLiberty blog has this piece.

Hopefully Mr. Apuzzo has a similar depth of knowledge about the UCMJ, R.C.M., and Military Rules of Evidence, to his knowledge of constitutional law. Or will he dump that on learned military counsel, that’s another part of Article 38, UCMJ.

This comment evidences a lack of understanding of chain of command issues and the Rules of who does what and how it is done.

Hasan update

April 14, 2010 | The Law Office of Philip D. Cave

CAAFLog has pointed to this CentralTexasNow.com report.

Bell County Jail, it’s where the man charged with the Fort Hood massacre, Nidal Hasan, is now being held. Inside the jail infirmary, under 24 hour surveillance, and his lawyer doesn’t like it.

"He is, in short, being punished. In violation I believe of article 13 of the Uniform Code of Military Justice. And it’s deliberate, it’s conscious and it’s intentional," John Galligan says.

Hennis update with a twist

April 13, 2010 | The Law Office of Philip D. Cave

Remember that Hennis’s crimes occured before the change which permitted LWOP. So, Army Times reports:

Court recessed at 5:40 p.m. after the jury deliberated for more than two hours and also waited for the answer to three questions, including whether Master Sgt. Timothy Hennis would be eligible for parole if given a life sentence.

Judge Col. Patrick Parrish told the jury that "life means life" and reminded jurors of his instructions to impose a sentence they view as fair.

CAAF decision

April 13, 2010 | The Law Office of Philip D. Cave

CAAF has decided United States v. Bagstad. Judge Stuckey wrote for himself, Effron and Ryan, with Baker writing a dissent for himself and Erdmann.

We granted review to determine whether the military judge abused his discretion in denying Appellant’s challenge for cause against Captain (Capt) Stojka, who sat with his subordinate on a court-martial panel composed of three members. We hold that the military judge did not err in denying the challenge for cause.

First the opinion reviews the general for challenges. The court then got into the meat of the issue.

Lakin update

April 13, 2010 | The Law Office of Philip D. Cave

MSNBC is reporting that the Army does intend a court-martial for LTC Lakin.

How interesting, and perhaps appropriate, American Thinker reports:

Army doctor Lt. Col. Terrence Lakin yesterday met with his brigade commander, Col. Gordon R. Roberts, who proceeded to read LTC Lakin his Miranda rights, and who informed LTC Lakin he had the "right to remain silent" because LTC Lakin is about to be charged with serious crimes. Col. Roberts was at age 19 awarded the Congressional Medal of Honor, the only recipient of the nation’s highest honor currently on active duty in the Army.

Lakin update

April 12, 2010 | The Law Office of Philip D. Cave

Examiner.com asks:

Why would a highly placed, decorated Army officer set to be promoted to colonel risk court-martial by refusing to obey orders?

Military.com reports.