Articles Posted in Up Periscope

Abu Ghraib appeals.
Philip D. Cave

I posted the ACCA decision in Lynndie England’s Article 66, UCMJ, appeal. Now this: Monday, Sep. 14, 2009, Military high court to hear Abu Ghraib appeals, By DAVID DISHNEAU – HAGERSTOWN, Md. — The U.S. military’s highest court has scheduled oral arguments next month on two appeals stemming from the abuse of detainees at Abu…

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More on Congressman Wilson and UCMJ jurisdiction.
Philip D. Cave

Bobby Gifford has been kind enough to point our attention to this article. COURT-MARTIAL JURISDICTION OVER RETIREES UNDER ARTICLES 2(4) AND 2(6): TIME TO LIGHTEN UP AND TIGHTEN UP? By J. Mackey Ives & LTC(R) Michael J. Davidson, 175 Mil. L. Rev. 1 (March 2003) “In contrast, retired reservists are only subject to military jurisdiction…

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Lynndie England – ACCA decision.
Philip D. Cave

ACCA has issued a memorandum opinion in United States v. England, ARMY 20051170 (A. Ct. Crim. App. 10 September 2009). [A]ppellant claims, inter alia, that (1) the military judge abused his discretion when he rejected her guilty plea; (2) appellant’s trial defense counsel were ineffective for calling Private (PVT) Charles Graner as a presentencing witness,…

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Congressman Wilson and the twittersphere.
Philip D. Cave

Quite a few people are twittering and blogging about Congressman Joe Wilson’s recent behavior during the President’s speech to Congress. The basic claim is that he is subject to court-martial. Maybe, maybe not. Here is what he has on his biography on his official site: Throughout his life, Joe has also had a tremendous passion…

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AFA conviction.
Philip D. Cave

AF Academy Major Sentenced In Sex Crimes AIR FORCE ACADEMY, Colo. (AP) ― An Air Force Academy major has been sentenced to 18 years in prison for rape and other sex crimes. Academy officials said Wednesday that Maj. Barry Nixon was convicted by a court-martial panel of raping a girl in Germany in 2003. Nixon…

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