Articles Posted in Up Periscope

The Marine Corps says it has issued a suicide-proof sleeping garment to the imprisoned Army private suspected of giving classified material to WikiLeaks.

Professor Friedman reminds us that we have other confrontation issues beyond the non-testifying witness concern. Focus on Crawford-related issues should not obscure the fact that many significant Confrontation Clause questions concern the scope of the accused’s right to cross-examine a witness who actually testifies at trial. Adam Liptak of the New York Times has alerted…

federalevidence.com reports on: In trial for mail fraud and theft from a program receiving federal funds, trial court error in permitting the prosecutor to cross-examine the defendant state legislator as to her opinion of whether other witnesses were lying and lacked veracity, however error did not rise to plain error; joining consensus of six other…

United States v. Medina. While this case, like Prather, involves the “substantially incapacitated” element of aggravated sexual assault under Article 120(c)(2), UCMJ, under the unique circumstances of this case the instructions provided by the military judge did not employ the statutory provision regarding the defense’s burden of proof on the affirmative defense of consent. We…

Stars & Stripes reports: The Marine Corps on Okinawa has created a crime-tips website to combat the use of designer drugs known as Spice, officials said Thursday. ACCA decided United States v. Baker, a government appeal. ACCA decided that the military judge abused his discretion by suppressing a “show-up” and in-court identification. CGCCA has decided…

Army Times reports: A former command sergeant major at Walter Reed Army Medical Center in Washington, D.C., fired for faking his record and wearing numerous unauthorized awards and decorations, was sentenced to six months imprisonment and a demotion to staff sergeant. 10News reports: Home video reveals dramatic details about the U.S. Coast Guard boat crash…

Honolulu Star Advertiser reports: A former Navy diver who worked with SEAL commandos at Pearl Harbor has been charged with murdering his 14-month-old son, nearly a year and a half after the boy died from severe brain injury caused by “abusive head trauma,” officials said. Matthew McVeigh, 26, was charged by the military on Feb.…

SignOn San Diego has a piece about todays proceedings. Until now, the story surrounding the December 2009 death of 8-year-old Anthony DeWeese has largely focused on whether the Coast Guard pilot who crashed a 33-foot patrol vessel into the DeWeese family boatwas hot-dogging that night during the San Diego Bay Parade of Lights. At a…

SignOn San Diego reports: As a young Coast Guard crewman goes on trial today for a child’s death, no officers from the Coast Guard’s San Diego sector have been formally faulted for a patrol boatoperation described as being in disarray before the 2009 crash. And the 33-foot patrol boat model involved in the collision that…

United States v. Clark. 5-0 written by Judge (soon to be CJ) Baker. We granted review of the following issues: I. WHETHER IT WAS PLAIN ERROR FOR TRIAL COUNSEL TO ELICIT TESTIMONY THAT APPELLANT DID NOT RESPOND VERBALLY WHEN ARRESTED, AND THEN RELY ON THIS TESTIMONY DURING CLOSING ARGUMENT. II. WHETHER THE MILITARY JUDGE COMMITTED…