Articles Tagged with UCMJ

safeguardourconsititution (APF) has an affidavit from LTG T. McInerney in support of LTC Lakin’s discovery request.

Lawyers interested in the legal merits of the issue will likely find themselves dissatisfied with the affidavit.  It is a combination of justification for LTC Lakin’s contumacy and reasons why the discovery should be granted.  There is no comment on the general failure of most of the rest of the officer corps in continuing to obey unlawful orders.  They have not posted the request or motion in support of any request.  Once again failing to give full disclosure.

The affidavit appears to also justify the discovery request as a need for public disclosure.  This would be IMHO an abuse of process.  The purpose of discovery in a criminal proceeding is to aid the defense, not to aid public disclosure for disclosures sake.Thomas G McInerney.jpg

AP is reporting that the Khadr detainee trial will begin again 18 October.

Here is an interesting Washington Post opinion piece about some contractors in Iraq.

THE ALLEGATIONS are sadly familiar by now: The men were picked up by U.S. military forces, locked in tiny cells, deprived of sleep, and subjected to extreme temperatures and loud music.

ACCA has released an unpublished opinion in United States v. Delagarza.  It’s an odd case.

A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of violating a general order, false official statement, and two specifications of larceny (from his fellow soldiers), in violation of Articles 92, 107, and 121, Uniform Code of Military Justice, 10 U.S.C. §§ 892, 907, and 921 [hereinafter UCMJ].  The military judge sentenced appellant to a bad-conduct discharge, confinement for eighteen months, and reduction to the grade of E-1.  The military judge further recommended that only twelve months of confinement be approved, if appellant made full restitution.  The convening authority, as an act of clemency, limited confinement to fifteen months, and otherwise approved the adjudged sentence.

In his brief, appellant raises one assignment of error, post-trial ineffective assistance of counsel, which warrants discussion, but no relief.  (Emphasis added.)

I have been routinely filing a motion in-limine in cases where I expect the prosecution witnesses, typically law enforcement or DFAS, to be providing context testimony.  There are several bases to object:  hearsay is bootstrapped, there is implied human lie detector testimony, there are Mil. R. Evid. 701 fact wrapped and disguised as to expert testimony, and an implied ‘he wouldn’t be here if he wasn’t guilty.’  Here is another case from the 2d Circuit, thanks to Federal Evidence Review.

In vacating and remanding defendant’s drug conspiracy conviction, Second Circuit rejects the "government’s claim [a]s simply not credible" that an investigating officer’s testimony about a co-conspirator provided necessary background on the investigation; the officer’s testimony regarding his directions to the co-conspirator to phone his "supplier" and the actions taken by the co-conspirator in response was "inadmissible prejudicial hearsay testimony," that impermissibly communicated to the jury that the co-defendant had identified the defendant as his supplier, in United States v. Gomez, __ F.3d __ (2d Cir. August 4, 2010) (No. 08-3829-cr)

It is not often that a circuit takes the government to task on it’s evidentiary arguments. A recent case in the Second Circuit provides an example of a circuit’s reaction to what it considers an implausible argument on the applicability of FRE 801(c). In the case, the circuit vacated the defendant’s sentence and remanded for retrial because the government had introduced at trial hearsay through the testimony of one of the investigating officers in the case.

WHBL News Radio has this interesting piece.

Kurtis Armann was paroled from a federal prison in Ohio last year. U.S. Marshals arrested him in Brookfield in January – and they said they found driver’s licenses and an Army Reserve ID which Armann allegedly used to make fraudulent purchases.

When he was released, Armann had served 8 years for trying to kill a fellow soldier in Germany when both were in the Army. And in 1998, Armann shot and wounded a woman who didn’t pay his entire fee after she hired him to kill a man in a custody dispute.

KOMONews.com reports that:

The Army specialist who admits she murdered a Pierce County couple then kidnapped their baby two years ago will spend the rest of her life behind bars without the possibility of parole.

In the conclusion to the court martial of Specialist Ivette Davila, military judge Colonel Stephen R. Henley also reduced Davila’s rank, took away all pay and allowances, and gave her a dishonorable discharge from the Army.

Military.com reports that:

A Davis-Monthan airman is on trial in military court this week over allegations that he ran a fraudulent Russian bride ring, arranging sham marriages for money with members of the military so the foreign women could obtain legal status in the U.S.

The Record-Courier reports on the Davila case:

KOMO News reports that:

An Army Specialist accused of killing two fellow soldiers and taking their baby has changed her plea to guilty.

Spc. Ivette Davila entered guilty pleas to two counts of premeditated murder and one count of kidnapping during a military court hearing Monday morning.

Coast Guard Report reports that:

Commander, Naval Network Warfare Command, Rear Adm. Edward H. Deets III, relieved Cmdr. Mary Ann L. Giese, commanding officer of U.S. Naval Computer and Telecommunications Station (NCTS) Bahrain Aug. 21 due to loss of confidence in her ability to command.

The decision to relieve Giese comes after a preliminary investigation into allegations that she had been involved in inappropriate relationships with other Navy personnel.

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