UCMJ Tag Archives — Page 33 of 50 — Court-Martial Trial Practice Blog

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.

Hasan update

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

MySAnews reports that:

Army Maj. Nidal Malik Hasan, charged in November’s shooting rampage at Fort Hood that left 13 people dead and 32 others wounded, will be moved from San Antonio to a county jail near the military post.

Bell County Sheriff Dan Smith issued a statement Monday, saying Bell County commissioners court formalized a contract with Fort Hood officials in preparation for receiving Hasan at the jail in Belton.

Up periscope WE200310

March 21, 2010 | The Law Office of Philip D. Cave

Rapid City Journal reports that:

Government prosecutors dismissed sexual assault charges against an Ellsworth Air Force Base airman when the alleged victim did not appear at an Article 32 hearing for Sr. Airman Vinicus Santana on Tuesday.

Santana is scheduled for a court martial on April 20 for a shooting incident in Rapid City that injured another airman.

Search Incident to Arrest

March 20, 2010 | The Law Office of Philip D. Cave

Thanks to Fourthamendement.com, here is an article about Arizona v. Gant.

Arizona v. Gant: Does it Matter? by Barbara E. Armacost of the University of Virginia School of Law in 2009 S.Ct. Rev. __ (2010).

And from the abstract:

Crime Labs

March 20, 2010 | The Law Office of Philip D. Cave

I’ve posted before about issues with forensic testing and police controlled laboratories (including military drug testing laboratories). Here is an article from my old crim law professor, a former Army JA. You’ve also heard me frequently talk about confirmatory bias in regard to police investigations and other investigations.

Paul C. Gianelli, Independent Crime Laboratories: The Problem of Motivational and Cognitive Bias, to be published in the Utah Law Review.

One of the most controversial recommendations in the National Academy of Sciences report on forensic science — Strengthening Forensic Science in the United States: The Path Forward — concerns the removal of crime laboratories from the administrative control of law enforcement agencies. For decades scholars have commented on the “inbred bias of crime laboratories affiliated with law enforcement agencies.” Some commentators have proposed independent laboratories as the remedy for this problem, and in 2002, the Illinois Governor’s Commission on Capital Punishment proposed the establishment of an independent state crime laboratory. This essay documents the problems that triggered the NAS Report’s recommendation. It also examines the counter arguments as well as alternative approaches, including additional measures that should protect forensic analyses from improper influence.

Wuterich update

March 19, 2010 | The Law Office of Philip D. Cave

Military.com reports that:

A four-star general will testify at a pretrial hearing in the biggest criminal case against U.S. troops to arise from the Iraq war, a Marine Corps spokesman said Thursday.

Gen. James Mattis is scheduled to address a military judge Monday on a defense motion to dismiss charges against Staff Sgt. Frank Wuterich on grounds of undue command influence, said the spokesman, Lt. Col. David Griesmer.

Nidal Malik Hasan update

March 18, 2010 | The Law Office of Philip D. Cave

WOAI.com reports:

Hasan’s lawyer claims the U.S. Army is withholding key information he needs to defend Hasan.

Attorney John Galligan said he has been waiting months for classified material needed to help his client. He said he has been given limited access to criminal investigation files.

Another abuse of power case?

March 18, 2010 | The Law Office of Philip D. Cave

Military.com reports:

Last summer, more than a year after completing a seemingly successful tour as commanding officer of the amphibious assault ship Wasp, Capt. Michael Hawley was removed from his post as the head of a Norfolk-based training group. . . .

But a report from the Naval Inspector General’s office outlines six personal or professional violations, including pressuring deployed Wasp Sailors to buy suits and guns from visiting merchants and pilfering a set of salt-and-pepper shakers while attending a dinner hosted by the Canadian navy.

New CAAF opinion dealing with search authorizations in CP cases

March 17, 2010 | The Law Office of Philip D. Cave

United States v. Clayton. Another special exception, in of course, a CP case.

The dissent says it all.

RYAN, J., with whom ERDMANN, J., joins (dissenting):

New ACCA opinion

March 16, 2010 | The Law Office of Philip D. Cave

ACCA has issued an opinion in United States v. Watson, another administrative discharge issued pending appeal, this time an officer.

A military judge sitting as a general court-martial convicted appellant,
pursuant to her pleas, of larceny of government property and fraud against the
United States (two specifications), in violation of Articles 121 and 132, Uniform
Code of Military Justice, 10 U.S.C. §§ 921 and 932 [hereinafter UCMJ]. The
military judge sentenced appellant to a dismissal, confinement for seven months, a
fine of $135,000, and forfeiture of all pay and allowances.

Prior to convening authority action, appellant, a reserve officer, was released
from active duty (REFRAD). While pending appellate review, appellant received
orders placing her in an inactive status. After convening authority action approving
her dismissal, she received discharge orders and an honorable discharge certificate.