Military veterans keep secrets from the battlefield. But retired Marine Richard Cachola’s refusal to reveal details of a traumatic experience he had while serving in Iraq — and the mental health treatment he received as a result — put him at risk of losing custody of his children. “My PTSD has no relationship to my…
Continue reading ›Sexual Harassment Prevention & Response Program, OPNAVINST 5300.13. Equal Opportunity Program, OPNAVINST 5354.1G.
Continue reading ›By order of the Chief Judge, the United States Court of Appeals for the Armed Forces will be closed all day on Monday, July 3, 2017. For purposes of computation of time and motions to enlarge time under the Court’s Rules of Practice and Procedure, July 3, 2017, will be considered a day when the…
Continue reading ›In 2002, Lester Packingham became a convicted sex offender at the age of 21, after he pleaded guilty to taking indecent liberties with a child – having sex with a 13-year-old girl. Packingham got into hot water with the law again in 2010, when he posted on Facebook to thank God for having a traffic…
Continue reading ›I have discussed before how very difficult it is for an appellant to get a federal court to review and overturn a court-martial conviction. Here is Randolph v. United States, a federal circuit case reviewing an attempt to get relief via the Court of Federal Claims. The United States Department of the Navy (Navy) dishonorably…
Continue reading ›Reposting. https://globalmjreform.blogspot.com/2017/06/and-now-for-something-completely.html
Continue reading ›It is essential that this parallel military justice system be seen as fair, just, [Constitution] compliant, and operating effectively, both at home and abroad. I note in passing that the civilian justice system also provides for extraterritorial jurisdiction in several contexts. However, unlike the civilian justice system, the extra-territorial reach of the parallel military justice…
Continue reading ›David F. Jacobs, Fifth Amendment in the Digital World, 43 THE REPORTER 2 (2017). This should be read considering the recent Air Force Article 62, UCMJ, appeal in United States v. Blatney, Misc. Dkt. No. 2016-16 (A.F. Ct. Crim. App. 22 May 2017) (unpub.). In Blatney the OSI gained consent to search the accused’s phone…
Continue reading ›The Army Court of Criminal Appeals has decided the case of United States v. Heath, adverse to the appellant. The question to be resolved “is whether SPC XX’s testimony was admissible as a prior consistent statement.” The case has a fairly sparse discussion but worth reading because of its resolution of an evidentiary issue under…
Continue reading ›The state of Maryland is no longer pursuing sexual assault charges against two teenagers who were accused of dragging a 14-year-old girl into the bathroom of Rockville High School and raping her. The accused students, 18-year-old Henry Sanchez Milian and 17-year-old Jose Montano, are reportedly immigrants who entered the U.S. illegally. That made them people…
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