Articles Posted in Up Periscope

Humor in military uniform
Philip D. Cave

A piece of such humor came over my electronic transom today. I am a Military Defense Paralegal in the United States Air Force stationed at xxx. I am currently doing some research for my leadership at the AF Trial Defense Western/Pacific Region. We are collecting data to articulate the value of our services to our…

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FBI investigates Army CID
Philip D. Cave

Army Times reports: Four members of the Army Criminal Investigation Command at Fort Bragg have been suspended for the duration of an FBI probe. Army CID spokesman Christopher Grey confirmed the suspensions Thursday. The four were attached to the division’s drug investigation unit. The Fay Observer notes: The investigation was prompted by allegations that four…

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Up periscope
Philip D. Cave

WRBLNews3 reports: The jury selection for the murder trial began Tuesday on post at Fort Stewart just outside Savannah. Sergeant Joseph Bozicevich is charged with the 2008 murder of two fellow soldiers near Baghdad. He pleaded not guilty. Opening statements are expected in mid- April. We sat down with a local defense attorney who has…

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Some CCA opinions of note
Philip D. Cave

United States v. Davis gives a quick reminder of Pierce credit issues. AFCCA upholds the conviction of a male airman for indecent exposure in the male showers. See United States v. Walker. AFCCA has decided an interesting case of de facto immunity. See United States v. Long. Apparently the accused was facing civilian charges. Based…

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Magyari followed
Philip D. Cave

In Ware v. State, the Alabama Supreme Court had this to say: In answering this question in the negative, this Court finds persuasive the rational and holding in United States v. Magyari, 63 M.J. 123 (C.A.A.F. 2006). The decision in Magyari is not binding on this Court and has no precedential value because it is…

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Error into training moments
Philip D. Cave

How do you do this? Navy Times reports: In an unusual high-level post-mortem, the head of Fleet Forces Command has sent a message to every fleet officer reminding them of the responsibilities of command following the exoneration of an officer on charges of dereliction of duty in the accidental death of one of his sailors.…

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Excited utterance
Philip D. Cave

Federal Evidence Review has this interesting case about application of the excited utterance exception in a child abuse case. While the court found error, it was ultimately decided to be harmless. But the case is worth looking at as a primer on how to attack admission as an excited utterance. In trial involving aggravated sexual…

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Up periscope
Philip D. Cave

Stars & Stripes reports: The Army has relieved Col. James H. Johnson III of command of the 173rd Airborne Brigade for serious allegations “that were substantiated” following an extensive review, said the deputy commander of V Corps. Stars & Stripes reports: Air Force officials on Thursday formally charged a Kadena airman in last month’s stabbing…

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