Articles Posted in Up Periscope

In United States v. Arriaga, CAAF holds that housebreaking is an LIO of burglary (an alternate argument was that even if the HB was an LIO, they MJ erred in instructing on the offense because it wasn’t raised by the evidence), and that appellant was denied a “speedy” post-trial review. The post-trial delay arguments raised…

In United States v. Gubitosi, the Appellant was convicted of one specification of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice (UCMJ); one specification of drunken operation of a vehicle, in violation of Article 111, UCMJ; and one specification of underage drinking, one specification of using a false military identification card,…

Navy Times reports: The former executive officer of a Mayport, Fla.-based destroyer pleaded not guilty to multiple counts of assault, wrongful sexual contact and other charges during an arraignment Wednesday at Naval Station Mayport, according to Naval Surface Force Atlantic. Prior links here and here.

Military.com reports: The commander of a guided-missile destroyer has been relieved of command while the Navy investigates allegations of misconduct. The San Diego-based Third Fleet says Cmdr. Jay Wylie of the USS Momsen was relieved Wednesday due to “loss of confidence in his ability to command.” He was reassigned to a San Diego post. And…

Here’s an interesting report from the National Institute of Justice. The writers find that SOR has little effect on the rate or recidivism of sex offenders in New Jersey. They reference, The New Jersey study report Megan’s Law: Assessing the Practical and Monetary Efficacy is available at: http://www.ncjrs.gov/pdffiles1/nij/grants/225370.pdf. Sex offense rates in New Jersey have…

Navy Times reports: Two sailors assigned to the naval hospital at Camp Lejeune, N.C., are being described as “persons of interest” in a child molestation and child pornography investigation that has netted a local woman on charges that include the molestation of her 5-year-old niece.

Yes, I got my copy of the NIJ Journal, so here’s another interesting article available on the web. Solving the Problem of Untested Evidence in Sexual Assaults, by Nancy Ritter.

The National Institute of Justice has now put The Fingerprint Sourcebook, by the Scientific Working Group on Friction Ridge Analysis, Study and Technology (SWGFAST), et al., March 2011, Chapters 1, 4 – 8, 10 – 13, and 14 – 15 on line. It appears that the remaining chapters will be published “in stages.” I was…

Military.com reports: Secretary of the Navy Ray Mabus said April 27 that the spate of firings of senior officers involves only a small portion of the commanding officer corps and doesn’t hint at a wider problem across the fleet. . . . [this fosters accountability] . . . “Since 2005, we have dismissed less than…

The National Law Journal has this piece: Head in the sand over prosecutorial misconduct. The Supreme Court has sent a disturbing message that it just doesn’t realize there is a serious problem infecting our criminal justice system.