Articles Posted in Up Periscope

Wired.com reports: Almost one year to the day after Army investigators arrested intelligence analyst Bradley Manning on suspicion of leaking hundreds of thousands of classified documents to WikiLeaks, the ex-hacker who turned him in is set to meet with the chief prosecutor on the case for the first time. “I’m finally going to meet with…

And what a choice. Schriever AFB paper has a report about “bath salts” being the latest drug craze – “scourge.” CPT K. and I had this come up this week in a drug case. We were putting the prosecution’s primary witness (the accomplice and co-conspirator) on trial for his drug use. He admitted to using…

What is the maximum potential sentence for the use of hashish in a combat zone – two years or five? Kudos to CPT K in a recent case he and I did together in getting the MJ to rule that it was two years. 1. The MJ agreed the MCM was ambiguous as to hashish…

United States v. Hudson is a new unpublished opinion from AFCCA. The DC challenged a member for implied bias. At trial, after Lt Col DB and the other members were selected as court members but before opening statements, the military judge advised the members that to avoid the appearance of inappropriate conduct, she and the…

Here is SCOTUSBlogs summary of Fowler v. United States. Might be something in here for a case or two.

Professor Friedman at confrontationright blog has an illustration of why it may be important to have the “real” analyst at trial: The defendant was charged with possession with intent to distribute a quantity of methamphetamine of 4 grams or more but less than 200 grams. In Texas, this is a first-degree felony with a punishment…

A number of opinions have come from NMCCA and AFCCA. Here’s an NMCCA opinion of interest in United States v. Mokgoatsane. The military judge returned from deliberations, awarding the sentence supra, followed by a “formal recommendation” on the record to the CA that an examination pursuant to R.C.M. 706 be conducted while the appellant served…

Navy Times reports: Two midshipmen were expelled from the Naval Academy on Tuesday for use or possession of synthetic marijuana, the academy confirmed Thursday. That brings the total number of mids expelled this year for spice to 15. There is an ongoing dispute about how the Navy calculates “good time” credit. Here’s how NMCCA disposes…

The Schriever (AFB) Sentinel reports: On the heels of the Drug Enforcement Administration’s temporary nationwide ban on the drug known as Spice, another synthetic substance designed to produce a legal high has hit convenience stores, truck stops and Internet websites. Packaged as “bath salts” or “plant food,” these products contain stimulants which medical experts have…

Yesterday, CAAF held its annual end-of-term soiree. Chief Judge Effron and Judge Erdmann were in attendance as were many of the military appellate counsel and members of staff. I am advised that they have about 24 more opinions to be published (Fosler and the trailer park count as one). And as is pointed out on…