Articles Posted in Uncategorized

Yammine – and computer file names
Philip D. Cave

United States v. Yammine. Here is the granted issue: WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED EVIDENCE OF FILE NAMES FOUND ON APPELLANT’S COMPUTER THAT WERE SUGGESTIVE OF HAVING CONTAINED CHILD PORNOGRAPHY BUT WHOSE ACTUAL CONTENT WAS UNKNOWN, ALLOWING THE GOVERNMENT TO ARGUE APPELLANT’S PROPENSITY OR MOTIVE TO COMMIT SODOMY OR INDECENT…

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The Ramrod five
Philip D. Cave

AP reports that: Five soldiers from the same Washington state-based unit have now been implicated in the killing of three Afghan civilians, an Army spokeswoman said Monday. The Army said Friday that Spc. Jeremy Morlock had been charged with three counts of premeditated murder and one count of assault. On Monday, Lt. Col. Tamara Parker,…

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LTC Lakin today
Philip D. Cave

Officer to Army: See you in court, is the title of a posting to World Net Daily. The piece also links to the new video release. I did not see a new confession, merely a continuance of his supposed reasons for his contumacy. He cited a long list of “reasonable arguments” raising questions about whether…

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And more on the LTC Lakin 32 waiver
Philip D. Cave

Here is a link to the press release. The YouTube video isn’t operational yet. Courtesy of TPMMuckraker here is the WRAMC statement: LTC Lakin waived his Article 32 hearing on 4 June 2010. Once the Article 32 was waived, the charges were forwarded by Walter Reed commanding general with a recommendation as to disposition to…

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Hutchins certification
Philip D. Cave

Here is the daily journal entry for Navy TJAG certification of United States v. Hutchins. No. 10-5003/MC. U.S., Appellant v. Lawrence G. HUTCHINS, Appellee. CCA 200800393. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this…

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Post-trial delay
Philip D. Cave

The CGCCA has issued a per curiam opinion in United States v. Sapp., a SPCM tried at U.S.C.G. Training Center Yorktown. Before this court, Appellant has assigned two errors: (1) This court should consider the unreasonable and unexplained post-trial delay in determining the sentence that should be approved under Article 66(c); and (2) the promulgating…

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AFCCA Article 62 appeal order
Philip D. Cave

Yesterday AFCCA issued an order in an Article 62, appeal, in United States v. Harris. There is a rather odd, perhaps bizarre, chronology. What next is the question? Appellant charged. Additional charges added. Appellant arraigned. Next day the MJ dismisses the additional charges on defense motion. Same day as the dismissal there is a signed…

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SCOTUS
Philip D. Cave

SCOTUSBlog has the 3 June 2010 petitions to watch at SCOTUS. Here is an interesting one. Title: Jones v. Williams Docket: 09-948 Issue: Whether the Tenth Circuit violated 28 U.S.C. § 2254(d)(1) by granting habeas relief for ineffective assistance of counsel during plea bargain negotiations to a defendant who was later convicted and sentenced in…

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LTC Lakin update on WorldNetDaily
Philip D. Cave

WorldNetDaily has commented on the recent memorandum issued by the Article 32, UCMJ, IO in LTC Lakin’s case. But Lakin said the result “makes it impossible for me to have a fair hearing.” “I cannot even raise the issue of the president’s eligibility, on the grounds that my position has ‘no basis in law,’” he…

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