Navy Times reports: Angry that he was not invited to a group dinner, the commander of a Navy flight squadron hurled insults at subordinates and slapped another sailor several times while they were all drinking at a bar in Bahrain, according to documents obtained by The Associated Press. Stars & Stripes reports that: The U.S.…
Continue reading ›CAAF Daily Journal for 4 October has this entry in regard to the oral arguments scheduled for next week. In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform judicial duties in the above cases,…
Continue reading ›No, I didn’t say that, LTG Mark P. Hertling, USA, Commander U. S. Army Europe did, as reported in Army Times. (He’s also been talking about troop strength in Europe.) Soldier discipline has deteriorated to the point where it risks becoming “cancerous,” a senior Army general said Wednesday. In his remarks he said: “If we…
Continue reading ›Sun Herald reports: A chief warrant officer who lead Coast Guard Station Gulfport until last year may be ousted from military service after being convicted on an array of charges in court martial proceedings. Chief Warrant Officer Brandt Martin was removed from the helm at Gulfport in July 2010 while an investigation into his activities…
Continue reading ›I have previously posted on the current approach of NMCCA to Fosler cases that are being heard by them for initial review. So far there has not been an opinion in one of the trailer park remands. Still no “Fosler” out of Army or Air Force or Coast Guard, so no “split” in the “circuits”…
Continue reading ›I found this case, pointed out by John Wesley Hall at fourthamendment.com to be of interest in light of the ongoing discussion regarding Article 120 and alcohol. As I’ve noted before, a lot of sexual assault awareness training teaches that a person who takes one drink “can’t consent” to sex. We all know that’s not…
Continue reading ›Former Sergeant Major of the Army McKinney? wtop.com reports: Former Sgt. Maj. of the Army Gene McKinney will enter a plea, rather than stand trial for allegedly striking a slug passenger who demanded to be let out of McKinney’s car in Oct. 2010, WTOP has learned. Court records show McKinney will enter a plea in…
Continue reading ›Army Times reports: A court-martialed U.S. soldier has been found not guilty by reason of lack of mental responsibility in the killing of a civilian contractor in Iraq. The Capital reports: A Naval Academy midshipman was found guilty of raping and sexually assaulting a classmate and lying to investigators during a court-martial at the Washington…
Continue reading ›Monday kicks off opening arguments for the new SCOTUS term. Here is a listing of pending cases, culled from SCOTUSBlog, of criminal law cases that may have some relevance to military justice practitioners (non of them are military cases). Argument date | case number | case name | summary of QP. 10.04 10-63 Maples v.…
Continue reading ›Professor Friedman has posted a link (via Westlaw) to a “nice opinion” on a case similar to Williams v. Illinois. Here is a more available link to Derr v. State (Maryland). Basically this is a surrogate expert witness at trial case. The Maryland court said: Derr challenges the admission of forensic evidence introduced at trial…
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