United States v. Newby has been decided and has a reminder for trial defense counsel. The military judge made a clemency recommendation. The SJAR failed to note the clemency recommendation. The TDC failed to comment on the SJAR failure. Phew! And here’s why. Before this court, Appellant has assigned as error that Appellant was prejudiced…
Continue reading ›On 16 July 2010, Orly Taitz posted the following item on her website. NO ANSWER FROM JUSTICE THOMAS YET. PEOPLE CAN FILE AMICUS CURIAE BRIEFS- FRIEND OF THE COURT, IN SUPPORT OF THE APPLICATION Pity, because there is a 15 July 2010 entry on the Supreme Court journal regarding Taitz v. Thomas D. MacDonald, Colonel…
Continue reading ›Here is an new grant from CAAF. No. 10-0494/AF. U.S. v. Caleb B. BEATY. CCA 37478. Review granted on the following issue: WHETHER THE SENTENCE MUST BE SET ASIDE BECAUSE THE MILITARY JUDGE DETERMINED THE SENTENCE BASED ON THE INCORRECT MAXIMUM PUNISHMENT. Briefs will be filed under Rule 25. Note the accused was sentenced to…
Continue reading ›Carmen Miranda was a celebrated and successful actress from the 1940’s. She died 5 August 1955. And no she wasn’t auditioning to be co-counsel for LTC Lakin. Ernesto Arturo Miranda died on 31 January 1976, in prison. Although his notable case resulted in a new trial he was reconvicted. He died in a knife fight.…
Continue reading ›Oh, For Goodness Sake blog is reporting that Orly Taitz is now assisting in LTC Lakin’s defense? A posting at A Natural Born Citizen . . . Orly? appears to indicate that one of Orly Taitz’s blogs has been taken over – I think by aliens. Oh man what a pun. She does have some…
Continue reading ›Here is an interesting Order in United States v. Aguilar where the court has specified an issue. Whether assault consummated by a battery in violation of Article 128, UCMJ, 10 U.S.C. § 928, of which the appellant was convicted, is a lesser included offense of the charged Rape by Use of Physical Violence in violation…
Continue reading ›FourthAmendment.com has this post: Today is the 26th anniversary of United States v. Leon and the good faith exception. When I remembered that this morning, I had a flash back to the last CLE I did for prosecutors about 1990 where the speaker after me referred to July 5th as “Independence Day from the Fourth…
Continue reading ›Coast Guard News reports: Criminal charges ranging from involuntary manslaughter to dereliction of duty have been preferred by the Coast Guard against four boat crewmembers from Coast Guard Station San Diego in connection with a fatal collision between one of the station’s patrol boats and a civilian vessel in San Diego Bay late last year.…
Continue reading ›Dayton Daily News reports that: The Air Force has moved a step closer to deciding whether to court-martial the Air Force Materiel Command’s former top enlisted man on charges he sexually harassed airmen, misused his authority, and tried to persuade others to assign those women to his area. The investigating officer who heard three days…
Continue reading ›Gannet News While he still vacillates between regret and indignity over what happened in Iraq, he has given up thoughts of going back to retrieve a separate bundle of money that he says he found and buried in the sands — and Army investigators never discovered. Army Times reports: Less than two years ago, Earl…
Continue reading ›
