usdb Tag Archives — Court-Martial Trial Practice Blog

We’ve seen this before

October 11, 2010 | The Law Office of Philip D. Cave

In a court-martial under the court-martial UCMJ setting, can a PTA bind the prosecution/convening authority to something he or she has no control over — generally the conditions of confinement. There’s a teachable moment here for the court-martial practitioner.

Air Force Times reports:

The attorney for a former al-Qaida cook said Monday that the government did not deliver on a promise that led him to plead guilty to supporting terrorism, and she said that could discourage other inmates at Guantanamo from reaching deals with prosecutors.

Post-trial

September 28, 2010 | The Law Office of Philip D. Cave

Army Times reports.

A regional prison is opening at Fort Leavenworth, combining the operations of military prisons elsewhere in the United States.

The Joint Regional Confinement Facility will be operated by the Army Corrections Command. It’s located on the northeast Kansas post near the U.S. Disciplinary Barracks, the military’s maximum-security prison.

Up periscope

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

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:

Fricke dead, case still good law

July 31, 2010 | The Law Office of Philip D. Cave

Navy Times reports:

A former Navy officer who was serving time for hiring someone to kill his wife was killed in a Kansas military prison a month before he was supposed to be released.

Officials at Fort Leavenworth say 54-year-old former Navy Lt. Cmdr. Michael Fricke was beaten with a baseball bat by another inmate on July 24. He died Thursday after his family authorized taking him off life support.

Post CAAF

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

Garcia v. Commandant, USDB, No. 10-3027 (10th Cir. May 27, 2010).

Fernando Garcia was convicted after a guilty plea before a general court martial. He then sought habeas relief in federal district court pursuant to 28 U.S.C. § 2241, arguing that the military appellate courts failed to afford him adequate review of his Fourth Amendment claim based on Georgia v. Randolph, 547 U.S. 103 (2006). Because we agree with the district court that the military courts gave this argument full and fair consideration, we affirm its denial of Mr. Garcia’s petition.

This was a guilty plea case. NMCCA affirmed the conviction and held that Garcia waived the Randolph issue with his guilty plea. CAAF denied his petition. Had Garcia not plead guilty, he may have benefitted from Randolph which came out after his trial but during the course of appellate proceedings. You will recollect that Randolph is the third-party consent to search case.