Articles Posted in Up Periscope

Benning JAG office arson.
Philip D. Cave

Lily Gordon, Fort Benning hustles to adapt to JAG office loss – this past Monday, apparently due to arson, Ledger-enquirer.com, 17 July 2009. No-one was injured. This story appears in today’s Ledger-enquirer.com. Saturday, Jul. 18, 2009, Former Fort Benning employee pleads guilty to JAG arson A former Fort Benning civilian employee has pleaded guilty to…

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Supreme Court schedule
Philip D. Cave

The October SCOTUS oral argument scheduled for October 2009 has been released. There are several cases of potential interest to military justice practitioners. Maryland v. Shatzer (08-680) — limits on police questioning after a suspect asks for a lawyer. U.S. v. Stevens (08-769) — government power to criminalize videos and other depictions of animal cruelty.…

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PTSD?
Philip D. Cave

GI Slaying Suspects Faced Heavy Combat July 15, 2009 Associated Press FORT CARSON, Colorado – Soldiers from a Colorado unit accused in nearly a dozen slayings since returning home – including a couple gunned down as they put up a garage sale sign – could be showing a hostility fueled by intense combat in Iraq,…

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CAAF grant on a Walters issue
Philip D. Cave

CAAF has granted review in United States v. Trew of this issue (this is a link to Trew’s discussion on CAAFLog and the NMCCA opinion) (and here is my earlier post): WHETHER, IN LIGHT OF UNITED STATES v. WALTERS, 58 M.J. 391 (C.A.A.F. 2003) AND UNITED STATES v. SEIDER, 60 M.J. 36 (C.A.A.F. 2004), THE…

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New CGCCA cases
Philip D. Cave

United States v. Lindsey, the dishonorable failure to pay just debt case is now on line. While prosecution in this case seems reasonable, I’m always concerned when the military begins to act as a debt collection agency. United States v. Daniel, is an unpublished opinion about admission without objection of a photograph. Appellant now contends…

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New CAAF opinions.
Philip D. Cave

United States v. Marshall, __ M.J. ___ (C.A.A.F. 2009). This is a fatal variance case. Appellant pled not guilty to escaping from the custody of Captain (CPT) Kreitman but was convicted, by exceptions and substitutions, of escaping from the custody of Staff Sergeant (SSG) Fleming. We granted review to consider whether the military judge’s findings…

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Justice noir
Philip D. Cave

For those of us who do read crime noir novels for entertainment, here is an interesting perspective. This all quote from Law.com: Legal Blog Watch. Cloak-and-Dagger Justice Perhaps it was a dark and stormy night when Scott W. Stucky was sworn in as a judge of the U.S. Court of Appeals for the Armed Forces.…

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