Court-Martial Trial Practice

Up periscope!
Philip D. Cave

The Cape-Coral Daily Breeze reports: Pvt. 1st Class Andrew H. Holmes of Boise, Idaho, pleaded guilty to murder and wrongfully using a controlled substance on Sept. 22 in a plea agreement with prosecutors, according to Maj. Chris Ophardt at the Joint Base Lewis-McChord in Washington. The following day, the judge sentenced Holmes to 15 years…

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Whatever happened to . . .
Philip D. Cave

PV2 Brandon G. Rushing? The military connection: Some years ago, he plead guilty to, carnal knowledge and indecent acts with a child, in violation of Articles 120 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 920 and 934 [hereinafter UCMJ]. The judge sentenced appellant to a bad-conduct discharge, confinement for eleven months, forfeiture…

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The court will order . . . redacted
Philip D. Cave

From time to time counsel want to offer documents which have objectionable information in them. There is an objection, and as often happens the court encourages or orders the objectionable parts be redacted. My here pointer relates to how the redaction is done – it must be done carefully. I was reminded of this general…

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Up periscope!
Philip D. Cave

Navy Times reports: Angry that he was not invited to a group dinner, the commander of a Navy flight squadron hurled insults at subordinates and slapped another sailor several times while they were all drinking at a bar in Bahrain, according to documents obtained by The Associated Press. Stars & Stripes reports that: The U.S.…

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The vacant chair
Philip D. Cave

CAAF Daily Journal for 4 October has this entry in regard to the oral arguments scheduled for next week. In view of the existence of a vacant position on the Court, notice is hereby given that the Chief Judge has called upon Senior Judge Andrew S. Effron to perform judicial duties in the above cases,…

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The Army has a discipline problem
Philip D. Cave

No, I didn’t say that, LTG Mark P. Hertling, USA, Commander U. S. Army Europe did, as reported in Army Times. (He’s also been talking about troop strength in Europe.) Soldier discipline has deteriorated to the point where it risks becoming “cancerous,” a senior Army general said Wednesday. In his remarks he said: “If we…

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Up periscope!
Philip D. Cave

Sun Herald reports: A chief warrant officer who lead Coast Guard Station Gulfport until last year may be ousted from military service after being convicted on an array of charges in court martial proceedings. Chief Warrant Officer Brandt Martin was removed from the helm at Gulfport in July 2010 while an investigation into his activities…

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Another NMCCA Fosler
Philip D. Cave

I have previously posted on the current approach of NMCCA to Fosler cases that are being heard by them for initial review. So far there has not been an opinion in one of the trailer park remands. Still no “Fosler” out of Army or Air Force or Coast Guard, so no “split” in the “circuits”…

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Drunk enough to consent
Philip D. Cave

I found this case, pointed out by John Wesley Hall at fourthamendment.com to be of interest in light of the ongoing discussion regarding Article 120 and alcohol. As I’ve noted before, a lot of sexual assault awareness training teaches that a person who takes one drink “can’t consent” to sex. We all know that’s not…

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Whatever happened to . . .
Philip D. Cave

Former Sergeant Major of the Army McKinney? wtop.com reports: Former Sgt. Maj. of the Army Gene McKinney will enter a plea, rather than stand trial for allegedly striking a slug passenger who demanded to be let out of McKinney’s car in Oct. 2010, WTOP has learned. Court records show McKinney will enter a plea in…

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