Articles Posted in Up Periscope

USCGA activity.
Philip D. Cave

Jennifer Grogan, of theday.com connecticut reports that [The US]CGA expels nine cadets for drug use, 22 August 2009. Nine sophomore cadets have been expelled from the U.S. Coast Guard Academy for using or possessing cocaine or marijuana. Drug use was the most serious offense, but several of the nine third-class cadets also broke academy rules…

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Calley of My Lai speaks.
Philip D. Cave

Thursday, Columbus TV commentator and retired news anchor Al Fleming managed to do what every major network, cable news outlet, newspaper, magazine and blogger has failed to do for more than four decades: get William Calley to speak publicly about his personal day of infamy. Ledger-enquirer.com, 21 August 2009. AN EMOTIONAL WILLIAM CALLEY SAYS HE…

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Your country wants you!
Philip D. Cave

VILSECK, Stars & Stripes Germany — A manhunt is under way for a U.S. Special Forces soldier who fled after being convicted of kidnapping and sexually assaulting a German woman. Sgt. 1st Class Kelly A. Stewart — who was found guilty of multiple charges including kidnapping, forcible sodomy and aggravated sexual assault of a woman…

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SAUSA
Philip D. Cave

Here’s an interesting piece from Volokh. It appears the often bad habits of the military court-room have shown up in federal district court. The appellate judges don’t seem amused, but neither do they find prejudice. Tolerated misconduct without findings of prejudice don’t discourage, they encourage. However, here the defense counsel didn’t help – actually didn’t…

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Bridging the gap – again.
Philip D. Cave

CAAF has visited statements made by military judges post-trial typically in bridging the gap sessions. Here is an interesting grant and set-aside: No. 08-0215/NA. U.S. v. Tyrice L. HAYES. CCA 200600910. Review granted on the following issue: WHETHER THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS ERRED WHEN IT FOUND THAT APPELLANT WAS NOT DENIED HIS…

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Fabricated DNA evidence.
Philip D. Cave

Today’s New York Times has an article about fabricating DNA evidence in a laboratory. Unlike naturally-occurring DNA that could merely be planted at a crime scene, fabricated DNA would not require access to an original, physical specimen of a particular person’s DNA, so long as one had access to his DNA database profile. An excerpt…

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