Articles Posted in Up Periscope

Here’s a link to the USA Today piece. Federal prosecutors are supposed to seek justice, not merely score convictions. But a USA TODAY investigation found that prosecutors repeatedly have violated that duty in courtrooms across the nation. The abuses have put innocent people in prison, set guilty people free and cost taxpayers millions of dollars…

The LA Times is reporting that Quintanilla was sentenced to life today.

I posted several pieces about the Navy and relief’s for cause in the last few weeks – here. Well here at two more: another Norfolk CO, and another Bangor bubblehead.

Marine Corps Times reports: A Marine Corps attorney says his vigorous defense of a terrorism suspect held at the Guantanamo Bay detention camp delayed his promotion by three years. Now he is taking the Navy to court alleging that he was punished for doing his job. Go Dan!

We regularly get reports from clients and their families about being harassed by NCIS, CID, CGIS, OSI. In general what the client is reacting to is the law enforcement fishing expedition. During a law enforcement fishing expedition. This law enforcement fishing expedition is where they go around to friends and neighbors telling them what a…

Mary D. Fan (University of Washington – School of Law) has posted The Police Gamesmanship Dilemma in Criminal Procedure (UC Davis Law Review, Forthcoming) on SSRN. Here is the abstract: Police gaming of the rules is a perennial challenge for constitutional criminal procedure, leading to twists and hazard zones in the law such as the…

This is the 13th day that APF (safeguardourconstitution), LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,” “Judge to Rules (sic) . . ..” SLDN reports: Servicemembers Legal Defense Network (SLDN), a national, legal services and policy organization dedicated to ending “Don’t Ask, Don’t Tell”…

Here is a link to United States v. Brasington., decided 13 September 2010. It is not unusual for an appellant to be issued a DD214, Honorable Discharge, sometime after a court-martial at which the appellant was adjudged a punitive discharge. In this case, we are asked, following remand, whether an honorable discharge, effective after this…

Thanks the CAAFLog here is a link to the new Naval Law Review and an article about . I had just such a case last week. Here is a link to the JER provisions that are applicable. Here is a link to the current form that all naval service users are supposed to sign before…

The Pittsburgh Post-Gazette has a book review of Richard North Patterson’s new book which is about a court-martial. Yes, it’s about a Army officer who returns from Iraq, kills his former commander, and As the case unfolds, Mr. Patterson gives the reader a tutorial in military justice as well as the complexities of PTSD. He…