David Vincent Weber arrived last month at a Ramona Veterans of Foreign Wars event in style: two stars on his shoulder and two Purple Heart medals pinned on the front of a Marine Corps uniform. Weber, 69, appeared in a federal courtroom in downtown San Diego yesterday with considerably less pomp. He faces a charge…
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A man accused of posing as a Marine major general at a Veterans of Foreign Wars party in Ramona to celebrate the birthday of the Marine Corps was arraigned Wednesday on a federal misdemeanor charge of making false claims about military decorations or medals. San Diego News Network reports.
Continue reading ›Federal law should govern a federal NCIS search on a military base for evidence of a murder of a civilian employee on the base that ends up prosecuted in state court. The court finds that this is a narrow issue in this case. The security search of defendant’s car on the military base was also…
Continue reading ›Thanks to howappealing.law.com, here is a Ohio State Supreme Court opinion in State v. Smith. The issue is warrantless searches of cell-phones. While this issue may have been raised in a court-martial, I don’t see a relevant military appellate decision. So the issue is apparently an open one for court-martial cases. Here is a link…
Continue reading ›The Army’s attempt to stem a rising tide of suicides made it impossible for a Fort Bliss soldier convicted of cruelty toward subordinates to get a fair trial, the soldier’s parents say. “I still maintain that this was a miscarriage of justice,” said John Taylor, father of Pvt. Jarrett Taylor. “They needed a conviction and…
Continue reading ›FrumForum interviewed retired Major Merideth A. Bucher, author of the much cited paper, The Impact of Pregnancy on U.S. Army Readiness. Bucher explains that a woman who becomes pregnant ceases to be available for combat service. She will be returned home; her unit is left missing a body, a soldier. She passionately told of her…
Continue reading ›A counterterror airstrike in Yemen that may have targeted Anwar al-Awlaki, the extremist cleric linked to Fort Hood shooter Maj. Nidal Malik Hasan, could raise new questions about whether Hasan’s rampage in Killeen, Texas, on Nov. 5 was the act of a lone wolf or part of a conspiracy. Reports the Christian Science Monitor.
Continue reading ›Article 13, UCMJ, prohibits pretrial punishment. In United States v. Turner, NMCCA 200401570 (N-M.C. Ct. Crim. App. 22 December 2009), the court found pretrial punishment and set-aside the BCD. This may be somewhat pyrrhic because the sentence was adjudged in 2001. That means the appellant has been on unpaid appellate leave since 2001. In his…
Continue reading ›Nearly two years after prosecutors in Jacksonville decided not to charge anyone in the gunfight that killed a club owner outside his bar north of Springfield, the Navy has acquitted a sailor of murder in the case. NewsJacksonville.com reports — Navy prosecutors would only say they had believed the case should be pursued. “Jacksonville authorities…
Continue reading ›An Army psychiatrist accused of fatally shooting 13 at the Fort Hood, Texas, military base had asked for a Muslim cleric’s advice about killing U.S. troops, according to a new interview. CNN.com reports. Retired Army Col. John Galligan, Hasan’s civilian attorney, has said his client is considering pleading not guilty by reason of insanity [at…
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