We are all familiar with the interactions that can occur between the military and civilian prosecutors when deciding who will prosecute a servicemember for crimes in the “civilian” community. Sometimes the result is a civilian prosecution and the military takes adverse administrative actions, sometimes the civilians hand over the case to the military, and sometimes…
Continue reading ›It appears we are hard-wired to believe stories. So actually requiring us to believe isn’t that hard–except it seems in sexual assault cases. Everyone is aware that the military requires any sexual assault complainant to be believed. A cynic will say, that this is required despite evidence showing falsity in the complaint. A cynic could…
Continue reading ›The news today is of President Obama’s 18 December 2015 pardons and clemency actions. Of the many, a quick look does not show any from court-martial convicted applicants. Pardon Attorney.
Continue reading ›Here is the petition for a writ of certiorari to the United States Supreme Court in: Schloff v. United States. The CAAF opinion is here. The ACCA opinion is here. Interestingly, we have also learned that the government is now processing the case for an SJAR and CA action.
Continue reading ›NBC reports that SGT B. Bergdahl is the subject of the second Season, and the first pod is available today. http://www.nbcnews.com/storyline/bowe-bergdahl-released/serial-season-2-debuts-bowe-bergdahl-telling-desertion-story-n477596 The popular podcast “Serial” launched its second season Thursday, shining a spotlight on the mysterious disappearance of U.S. Army Sgt. Bowe Berghdahl — and allowing him to be heard publicly for the first time…
Continue reading ›It’s called a pen or keys on a computer keyboard–use one or two, or three, or . . . . Senators demand transparency in US military justice system These words are great. They should be acted upon. Senators ACT. Can you perhaps put something in the next NDAA or get some sort of exception to…
Continue reading ›Stars & Stripes reports: If I were Petraeus’s lawyer or your lawyer and got a similar result I’d be ecstatic, as would you be. But the other part of me asks what I should tell you the young enlisted client, the NCO, the junior officer, the senior officer, in a similar situation. I fear you…
Continue reading ›Today, 5 November 2015, the Court of Appeals for the Armed Forces granted our petition in United States v. Pinkela, reversed the findings for aggravated assault and reckless endangerment, and affirmed a lesser included offense of assault and battery. United States v. Pinkela, ACCA — I. U.S.C.A.A.F. — I. This was a summary disposition with…
Continue reading ›http://globalmjreform.blogspot.com/2015/11/in-good-to-see-category.html
Continue reading ›The government filed its answer in Bergdahl v. Burke at CAAF today. You may note on page 1,before getting to the merits. It misidentifies the parties/ Mislabels the name of the pleading (Rule 19(e) calls for an “answer” not a “response”). Misaddresses the document to the judges of the wrong court, but also (d) fails,…
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