Articles Posted in Up Periscope

I’m getting ready to retry Savala. So I’m actually more than curious than usual about cases that have been retried, remanded, or . . . CAAF remanded after deciding this issue: WHETHER THE LOWER COURT’S VERBATIM REPLICATION OF SUBSTANTIAL PORTIONS OF THE GOVERNMENT’S ARGUMENT AS THE COURT’S OPINION CONSTITUTES AN ABUSE OF DISCRETION, NEGATES ANY…

The CGCCA has issued an opinion in United States v. Thompson. The case is a reminder that what you do or don’t do at trial has consequences on appeal. OK, that’s a rather obvious meaningless statement – fine. But I’m thinking of a number of areas (as highlighted in Thompson) where we make a motion,…

Navy Times reports: The military’s “don’t ask, don’t tell” policy is back in place for the time being, with one major caveat: the government is not allowed to investigate, penalize or discharge anyone who is openly gay. A San Francisco federal appeals court ordered the military to temporarily continue the controversial policy in an order…

Navy Times reports: Should a service member convicted and sentenced in civilian court be tried on the same charges at court-martial? In a couple of weeks, Rodney Williams will find out. It’s not double jeopardy; at court-martial, Chief Information Systems Technician (SW) Rodney Williams would face federal rather than state charges. But the Navy, dissatisfied…

Politico reports: The commander of the Marine base where Wikileaks suspect Pvt. Bradley Manning was jailed for nearly 10 months ordered an inquiry into his treatment and then overruled one of the investigator’s findings, Marine Corps documents obtained by POLITICO show.

There’s an interesting piece on Salon about how the Manning “story” got uncovered and . . . The piece is actually about the ethics of some of the reporting about the case, in particular by Wired, and some effort to deconstruct the case against Manning. Here is an interesting tidbit that apparently has not been…

Thanks to HowAppealing, there is an interesting Fourth Circuit case involving whether: military colleagues violated Army National Guard colonel’s Fourth Amendment rights by intercepting, reading, and forwarding his e-mails while he was deployed in Kuwait.

Navy Times reports: The executive officer of the amphibious transport dock Green Bay, currently on deployment and operating in the Arabian Sea, was fired Wednesday after being accused of misconduct, the Navy said. Look’s like he got Mast first.

Political Wires reports: A federal judge has said that “injustice” was done to a former Navy officer who was wrongly convicted with the help of a discredited military lab analyst, but he also concluded that the court can’t do anything about it. House had been a highly regarded officer, tapped as executive assistant to the…

Stars & Stripes reports: The number of reports of family violence within the military, which had been in decline over several years, has been rising over the last two years, and reports of abused children and spouses increased significantly last year, a report by the Defense Department’s Family Advocacy Program shows. But what it means…