Articles Posted in Up Periscope

“SO VAST AN AREA OF LEGAL IRRESPONSIBILITY”? THE SUPERIOR ORDERS DEFENSE AND GOOD FAITH RELIANCE ON ADVICE OF COUNSEL, Mark W.S. Hobel, 111 COLUMBIA L. REV. 574 (2011). This Note argues that the modern superior orders defense represents the most relevant and just paradigm for assessing the potential criminal liability of U.S. interrogators who claim…

I came across a case that had this interesting piece in it while discussing some IAC claims. A defendant’s constitutional right to testify in his own behalf is implicit in the Fifth, Sixth, and Fourteenth Amendments. Rock v. Arkansas, 483 U.S. 44, 51-53 (1987). However, “[w]hether the defendant is to testify is an important tactical…

Professor Colin Miller summarizes the progress of a reporter’s privilege in the 36th –40th states which now have one. West VA became the 40th a few days ago.

Outside the Wire reports: Was a brigade commander an instigator or just asleep at the switch while the 5th Stryker Brigade, 2nd Infantry Division, “kill team” was allegedly murdering civilians? An Army investigation finds no “causal relationship” between Col. Harry D. Tunnell IV’s aggressive leadership and the killings, but it criticizes Tunnell for neglectfulness that…

Stars & Stripes reports: The Spangdahlem airman behind the wheel of the car that crashed last July, killing two other airmen, goes to court Monday to face manslaughter and negligent homicide charges, an Air Force spokeswoman said Friday. Bryan County News reports some of the voir dire in Bozicvich. It looks like they started out…

What happens to the client after NJP and administrative discharge. In Buckingham v. Secretary of the Navy, ENS Buckingham sought reinstatement in the naval service and cancellation of recoupment for his ROTC education. ENS Buckingham shop-lifted from the NEX and was caught. His CO imposed a LOR at NJP. Subsequently the CO asked NMPC not…

Here is a link to a clemency letter forwarded by CDR Kerchner to MAJ Kemkes. It has been published by him on obamareleaseyourrecords.com. He has also posted this on thepostemail, under the title “Obama Unfit for Command.”

ACCA has published United States v. Conrady. This case continues the appellate look at how prosecutors may, if at all, use possession of child pornography as Mil. R. 414 evidence. The issue of note from the opinion is: THE MILITARY JUDGE ABUSED HIS DISCRETION IN ADMITTING AN IMAGE OF CHILD PORNOGRAPHY AS MILITARY RULE OF…

Navy Times reports: A Navy petty officer who was investigated for violating the military’s ban on openly gay service members says a review board at his California base has voted against his discharge.

Opinio Juris reports on USACIL. They begin: On paper, courts-martial are far more fair than military commissions — the substantive law they apply is superior, and their rules of evidence and procedure are designed to protect defendants, not ensure convictions. But then here is the kicker: The McClatchy article indicates that Mills joined the Criminal…