Applying this rationale, I believe, contrary to the view expressed by my brothers, that there is more than a possibility that appellant’s trial was adversely affected by unlawful command influence. My experience as an officer and lawyer in the Army is that, when a commander says he is angry about individuals giving favorable testimony on…
Continue reading ›Navy Times is now reporting that, “Arson is suspected as the cause of a July 12 fire that left extensive damage to the amphibious assault ship Bonhomme Richard docked off San Diego, and a U.S. Navy sailor was being questioned as a potential suspect, a senior defense official said Wednesday.” Salem News has an article…
Continue reading ›On 27 August 2020, CAAF issued its opinion in United States v. Bergdahl. “Thus, simply stated, it was the totality of the circumstances surrounding Appellant’s misconduct rather than any outside influences that foreordained the Army’s handling and disposition of this case. Therefore, an objective, disinterested observer would not harbor any significant doubts about the ultimate…
Continue reading ›You seek out a witness for the defense and they tell you they have to check with leadership to see if that’s OK. This happens occasionally. Most of the time they come back and say they are good to go, or they are intransigent and you have to ask the TC to have a quiet…
Continue reading ›“I didn’t want to plead guilty.” Followed with “my lawyers forced me.” That’s a not infrequent complaint with appellant’s who plead guilty. “In another, the defendent objected to the Navy counsel’s advice to plead “guilty.” He stated that though he admitted guilt, “he could have beaten it with a good lawyer.” Chaplain Reports on Prisoner’s…
Continue reading ›Salem News has an article about “SEALs pulled from Iraq.” The article is a lengthy one. From the article here is why there is at least one pending (possible) appellate case. The Navy fired three SEAL leaders in the aftermath of the alleged rape on the Iraq air base and charged Special Warfare Operator First…
Continue reading ›Scandal on Plum Island: A Commander Becomes the AccusedBy Marian E. LindbergEast End Press, 416 pages Think of Plum Island, and what probably comes to mind are natural habitats, a lighthouse and remoteness, all of which were highlighted in a recent report on the island’s potential. Most people probably wouldn’t think of military intrigue, courtroom…
Continue reading ›Petition to watch. Jackson v. Sec. Nav. Does Title VII apply to military personnel. So far every circuit has said “no.” Will the Supremes take the case, and if so, how will they rule?
Continue reading ›Prison inmates retain a Fourth Amendment reasonableness right against abusive strip and body cavity searches enough to state a claim here. Qualified immunity is reserved for later. Henry v. Hulett, 2020 U.S. App. LEXIS 25390 (7th Cir. Aug. 11, 2020) (Easterbrook dissents that this right has to be found in the Eighth Amendment, not the…
Continue reading ›Prof. Colin Miller brings us this note. Similar to its federal counterpart, Idaho Rule of Evidence 803(1) provides an exception to the rule against hearsay for A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it. The first part of this “present sense impression” exception is easy…
Continue reading ›
