Navy Times reports: The combat systems officer of the destroyer Cole is back on duty this week after he was arrested in a courtroom outburst over a disputed traffic ticket in Portsmouth, Va. Lt. Timothy Barry appeared in court to challenge a speeding ticket, but the proceedings started off bad and got worse: According to…
Continue reading ›It appears that Denedo’s case is over. On 8 September 2010, the Court of Appeals for the Armed Forces, with C.J. Effron and J. Baker dissenting, denied the filing of a writ appeal petition out of time. The majority writes: In support of the motion for leave to file writ-appeal petition out of time, Denedo’s…
Continue reading ›Here is a link to some of the charge sheets through The News Tribune.
Continue reading ›The Guardian (UK) has this report: Twelve American soldiers face trial over an secret “kill team” that allegedly blew up and shot Afghan civilians at random and collected their fingers as trophies. Five of the soldiers are charged with murdering three Afghan men who were allegedly killed for sport in separate attacks this year. Seven…
Continue reading ›San Diego Online has this short piece on the Coast Guard boating case and the ongoing Article 32, UCMJ, hearing which began today. Lawyers for the driver of a Coast Guard boat that killed an 8-year-old San Diego boy in December said the Coast Guard is prosecuting Petty Officer 3rd Class Paul Ramos in order…
Continue reading ›Here are some interesting tidbits from the CAAF orientation session for new attorneys courtesy of NIMJ.blog. As for the rules changes, a big (and quite welcome, in my opinion) change is the new system in which nearly all CAAF pleadings are eligible for electronic filing. Be sure to redact privacy/sensitive information from such filings, as…
Continue reading ›Here is an interesting technology case from the Third Circuit as reported by the Wall Street Journal blog. Technology has made it increasingly easy for the government to track an individual’s whereabouts. But on Tuesday, a three-judge panel of the Third Circuit ratcheted back the government’s surveillance power, finding that judges have the right to…
Continue reading ›And now for the political question doctrine. See fn. 3., for the judge’s rather sparse treatment of the de facto officer doctrine.
Continue reading ›And now for some history. Those with some basic familiarity with military law and who have been following the blogs of those with military law experience will recognize the cases cited.
Continue reading ›From the conclusions of law:
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