Articles Tagged with UCMJ

The military’s case against a Coast Guard captain accused of violating military code wrapped up Thursday with the officer’s lawyers admitting their client committed adultery and fraternized with enlisted women — but, they said, his behavior was not criminal.

Anchorage Daily News reports.

Here are some factors that will be considered by the IO, the SJA, the CA, and  . . .

The Navy-Marine Corps Court of Criminal Appeals released today its en banc decision in United States v. Medina, No. 200900053, __ M.J. __ (N-M. Ct. Crim. App. Dec. 17, 2009).  The main portion of the opinion focuses on Art. 120.  The majority finds Art. 120 facially constitutional, citing United States v. Crotchett, __ M.J. ___, No. NMCCA 200800770 (N-M. Ct. Crim. App. May 12, 2009) (en banc), the court’s prior decision on Art. 120.

So begins a post on CAAFLog

Rumor has it that there are now 12 trial counsel assigned to the prosecution of Major Nidal Malik Hasan, at least one of whom has military death penalty litigation experience.

The defense remains at three with Mr. Galligan and two military defense counsel, none of whom have death penalty experience under the UCMJ.

The Army psychiatrist charged with fatally shooting 13 people at Fort Hood last month has been moved from a hospital intensive care unit to a private room, his attorney said Wednesday. Maj. Nidal Malik Hasan remains under guard at Brooke Army Medical Center in San Antonio and is rehabilitating from wounds that left him paralyzed from the waist down.

The wrongful use of prescription medications is an offense under Article 112a, UCMJ.

About one in four soldiers admit to abusing prescription drugs, most of them pain relievers, in a one-year period, according to a Pentagon health survey released Wednesday.

The study, which surveyed more than 28,500 U.S. troops last year, showed that about 20 percent of Marines had also abused prescription drugs, mostly painkillers, in that same period.

A Palm Springs man who surprised former classmates at his high school reunion in Martinez when he showed up in a Marine Corps uniform has pleaded guilty to wearing military medals that he never earned.

He will face as much as a year in prison and up to a $100,000 fine when he is sentenced March 1. He remains free on $10,000 bond.

The SFGate reports.

A Fort Benning soldier has been sentenced to life in a military prison for the slaying of an Army trainee who was repeatedly stabbed with a knife in his barracks last year.

Reports WDBJ7.com.

A hearing will be held at 2 p.m. Tuesday for Capt. Herbert “Mark” Hamilton III, who was charged Nov. 3 with multiple offenses, including indecent acts, sodomy, fraud and conduct unbecoming an officer.

The downloading of CP?

This local story from Virginia, which is headlined "Navy officer gets 40 months for child porn," reflects recent debates over both the federal child porn sentencing guidelines and showing leniency for those who served our country in the military.  Here are the details:

A Navy lieutenant commander who served in Iraq with an elite Riverine unit was sentenced today to 40 months in prison after admitting he downloaded child pornography. John J. Hall blamed his actions in part on post traumatic stress disorder, a claim that the judge in the case took into account in granting leniency.

The Army Times reports that the prosecution is being bolstered for the court-martial of Major Hasan for his court-martial at Fort Hood.

A senior military official said Friday that a new lead prosecutor has been appointed in the Fort Hood shooting case, a man who secured the death penalty in a similar case four years ago.

Col. Michael Mulligan will head the prosecution of Maj. Nidal Hasan, said the official, who spoke on condition of anonymity because the official was not authorized to discuss the investigation.

A sailor accused of fatally shooting a man outside a Florida nightclub in 2007 will be court-martialed on a murder charge next week at Naval Station Mayport.

Navy Times reports, the court-martial will be for killing a owner of a night club in Jacksonville, FL.  The article cites Article 111, UCMJ, but I suspect they mean 118.

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