Articles Posted in Up Periscope

New Army Lawyer
Philip D. Cave

The September Army Lawyer is online. There are five articles of interest to MJ practitioners. Army Review Boards and Military Personnel Law Practice and Procedure, this is by Jan Serene, he is a master of these issues so civilian practitioners can gain some good insight here. Non-Deployable: The Court-Martial System in Combat from 2001 to…

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False confessions in the spotlight
Philip D. Cave

Thanks to Sentencing Law & Policy: PBS Frontline has been giving lots of attention to criminal justice systems this fall. . . . This week Frontline will broadcast a new documentary “The Confessions,” which examines the case of the “Norfolk Four” involving a quartet of Navy men who were wrongfully convicted after being coerced into…

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Up periscope
Philip D. Cave

Navy Times reports: The former executive officer of an amphibious ship that lost a sailor during a 2009 small-boat operation that went awry was found not guilty of negligence by a six-member military jury here Friday night. Seattle Times reports: Staff Sgt. Calvin Gibbs, a squad leader in a platoon under investigation for Afghanistan war…

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Up periscope-USS SAN ANTONIO trial
Philip D. Cave

Pilotonline reports that the court-martial for the former XO of the USS SAN ANTONIO is underway at Norfolk. Navy Lt. Cmdr. Sean Kearns’ court-martial on a charge of negligence in his duties as executive officer of the ship San Antonio began Monday – but he’s not the only one on trial. The proceeding – related…

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NMCCA on judge partiality
Philip D. Cave

The up and down case of United States v. Hayes, has been decided again by NMCCA. Appellant has gained a new sentencing hearing because the NMCCA is convinced the judge was not impartial when adjudging a sentence. This is another one of those cases which arose because of comments during a bridging the gap talk…

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DADT
Philip D. Cave

Air Force Times reports: Military officials say a survey of U.S. troops and their families is finding that a majority don’t care whether gays are allowed to serve openly and think “don’t ask, don’t tell” could be done away with.

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Post-trial the long view
Philip D. Cave

Clemency – done. Appeal – done. Depending on the forum – Upgrade – done. No, there is no expungement of a conviction in the military. What next, anything? Well yes, seek a pardon. But, not with this president. Obama is currently the fourth-slowest president to commute or void a prisoner’s sentence. Only Presidents Bill Clinton,…

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Up periscope
Philip D. Cave

NWA Online reports that: A Little Rock Air Force Base airman lost his stripes Friday and was ordered to jail for a month after being found guilty of assault for whipping his stepdaughter with a belt and an extension cord, but the military court stopped short of kicking him out of the service. KWCH News…

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Up periscope
Philip D. Cave

Air Force Times reports: A U.S. soldier was taken into custody after an Afghan detainee was found dead in his cell, apparently from a gunshot wound, NATO said in a statement Tuesday night. Military.com reports: An American Soldier was charged Wednesday with killing two fellow U.S. troops and wounding a third after an argument last…

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