Monday, August 10, 2009: Fourth Circuit affirms CIA contractor detainee abuse conviction, Andrew Morgan [JURIST] The US Court of Appeals for the Fourth Circuit [official website] on Monday affirmed [opinion, PDF] the conviction of a Central Intelligence Agency (CIA) [official website] contractor on assault charges related to the abuse of an Afghan detainee [JURIST report].…
Continue reading ›CAAF has issued an opinion in United States v. Smead, __ M.J. ___ (C.A.A.F. 2009). Chief Judge Effron wrote the opinion for Judges Baker and Stuckey, and Judges Ryan and Erdmann concurred in the judgment.
Continue reading ›United States v. Wiechmann, __ M.J. ___, No. 09-0082/MC (C.A.A.F. July 6, 2009) has been decided. There was error, but found to be constitutionally harmless. After a captain with very little defense experience was detailed to represent a retirement-eligible lieutenant colonel, the Chief Defense Counsel of the Marine Corps detailed a highly respected Marine Reservist…
Continue reading ›United States v. Contreras, ACM 37233 (A.F. Ct. Crim. App. 28 May 2009). Contreras is charged with violating Article 130, UCMJ, as well as some other serious charges. Regrettably this is one of a never ending series of sex cases stemming from alcohol. Here is the issue on the 130. AFCCA rejects application of United…
Continue reading ›NMCCA today issued an important published opinion setting aside a finding of guilty to distribution of child pornography under 18 U.S.C. § 2252A(a)(2). United States v. Craig, __ M.J. ___, No. NMCCA 200800716 (N-M. Ct. Crim. App. May 28, 2009). CAAFLog, 28 May 2009. AFCCA today issued a fascinating published opinion, which I’ve posted here.…
Continue reading ›United States v. Crabtree, No. 08-4411, 2009 U.S. App. LEXIS 10720(4th Cir. May 19, 2009). In a published opinion the Fourth Circuit sides with the majority of federal circuit courts of appeal that there is no government “clean hands” exception to the receipt into evidence of unlawfully taped telephone calls. Daniel Crabtree was sentenced to…
Continue reading ›CAAF has decided United States v. Collier, __ M.J. ___ (C.A.A.F. 2009). This case presents the question whether the military judge erred in granting the government’s motion in limine prohibiting Appellant’s defense counsel from cross-examining HM2 C, the main Government witness, about an alleged homosexual romantic relationship between her and Appellant and from introducing any…
Continue reading ›CAAF has issued their opinion in United States v. Delarosa, __ M.J. ___ (C.A.A.F. 2009). In this case the appellant was initially prosecuted in state court. As a result of a granted suppression motion the state prosecution was dismissed. It appears the state court judge found the civilian police did not “scrupulously” follow the suspects…
Continue reading ›In United States v. Gladue, __ M.J. ___ (C.A.A.F. 2009), has underscored the importance of understanding the terms of a PTA and the effect on appellate was well as trial issues. In Gladue the accused, as is common, agreed to waive any waivable motions. The MJ discussed with appellant a number of motions covered by…
Continue reading ›The LA Times on line is reporting that the NMCCA, sitting en banc, has: The Marine Corps appealed the panel’s ruling to the full nine-member court. But the court Tuesday night rejected the appeal without command. The Marine Corps can continue its appeals or attempt to reinstate charges against Chessani by launching a new investigation…
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