Articles Posted in Uncategorized

Oddity
Philip D. Cave

Some years ago LCDR Walter Fitzpatrick was prosecuted and convicted at court-martial and later retired. After that he began a website called JAGHunter. Initially he used the site to lambast any of the Navy JAG’s involved in his case along with his commanders. Over the years there have been other oddities from the retired LCDR.…

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NMCCA provides reminder of multiplicity in drug cases
Philip D. Cave

United States v. Pippins, is a reminder that when a person possesses drug for a persons own use and/or distribution, the possession is an LIO of the use or the distribution. A review of multiplicity in this case centers on whether the appellant’s possession of BZP is in the same act or course of conduct…

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Pretrial negotiations and IAC
Philip D. Cave

Thanks to LawProfsBlog here is a link to an interesting article: Regulating the Plea-Bargaining Market: From Caveat Emptor to Consumer Protection Stephanos Bibas, University of Pennsylvania Law School, U of Penn Law School, Public Law Research Paper No. 10-33, California Law Review, Vol. 99, Forthcoming Abstract: Padilla v. Kentucky was a watershed in the Court’s…

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You could have this
Philip D. Cave

For all of the criticisms of military justice and the UCMJ, you don’t have this at court-martial as tipped by Sentencing Law & Policy blog. Cargill, a federal public defender, was perturbed by a rarely discussed U.S. court rule that critics say conflicts with the presumption of judicial openness. In the Western District of Virginia,…

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LTC Lakin sitrep
Philip D. Cave

World Net Daily quotes Neal Puckett as follows: He confirmed to WND that there will be new directions for the defense, but could not elaborate. “All I can really say is the case is going to be handled differently from here on out,” he said. He said “all possible courses of action” will be reviewed…

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Coast Guard San Diego Bay sitrep
Philip D. Cave

Here SignOn San Diego reports the unusual situation of public release of pretrial agreement “discussions.” The Coast Guardsman piloting the boat that killed 8-year-old Anthony DeWeese might have served a year or less in prison if his lawyers had pursued a plea deal dangled by the prosecution. It is unclear how the emails surfaced publically.

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Up periscope
Philip D. Cave

I posted before about the CO of USS OHIO being detached for cause and the number of Navy CO’s DFC’d this year. Now Navy Times has obtained a copy of documents related this case which appears to include a copy of the command investigation. The arrival of a birthday card in the ship’s mail addressed…

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More searching privacy
Philip D. Cave

Courtesy of fourthamendmentlaw.com here is an interesting summary of search law from the Oregon Federal Public Defender. First he acknowledges that a persons privacy right has been restricted over the years and with the advent of technology privacy may get harder to protect. A. Introduction The revolution of the Warren Court, especially in the area…

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