Court-Martial Trial Practice

I have posted already about NMCCA’s apparent handling of Fosler cases that are currently before them for decision – here, here, here, and here. It appears that CAAF is now starting to deal with the trailers they have on their docket, by sending some of them back. Dwight “My Liege” Sullivan notes on CAAFLog, the…

On 21 September 2011, a new Army Directive went into distribution on a Self Reporting requirement. The Army Directive – Self-Reporting by Officers and Senior Enlisted Members of Criminal Convictions is effective immediately. Coverage appears to be limited to convictions after 1 March 2008. For those convicted after 1 March 2008 and before the date…

United States v. Scaringello, passes Fosler muster (ahem) on a GP to breaking restriction. Familiar rationale which basically says that no military member can fail to understand that a breaking restriction allegation relates to GoD.

I mentioned a report the other delay that United States v. Bailey has been delayed to a time uncertain. Here the blog truthdigit as a interesting story about the case from the perspective of the victims family. Relatives say that trying to answer the question of what, exactly, happened to McBeth has become a guessing…

NMCCA has decided United States v. Walton. In that case they dismissed an adultery and indecent language conviction based on Fosler, without discussion of the issue. I sort of assume they feel comfortable that Lansford, Gibson (which I posted here) and Leubecker (which I posted here) sufficiently explain NMCCA’s thinking on how to deal with…

KVIA.com reports: A U.S. Army sergeant accused of the mercy killing of an Iraqi teenager faces court martial at Fort Bliss. Sims is accused of giving a fatal dose of a lethal drug to an Iraqi teenager with third-degree burns to 70 percent of his body at the 10th Combat Support Hospital in 2006 in…

The Atlanta Journal-Constitution reports: Judge (COL) Pohl has recommended a non-capital referral in United States v. Russell. An Army sergeant accused of killing four fellow soldiers and a Navy officer at a mental health clinic on a military base in Iraq two years ago should be tried for murder but should not face the possibility…

I posted a couple of weeks ago almost, that NMCCA’s cases in which the Fosler issue was addressed. We have another case which appears consistent with NMCCA’s approach in those prior cases. In United States v. Leubecker, the court took up a Fosler issue again. The two challenged specifications related to breaking restriction and communicating…

NMCCA has set aside a guilty plea and conviction of misbehavior by a sentinel in United States v. Apodaca. DID THE MILITARY JUDGE ERR BY ACCEPTING THE APPELLANT’S PLEA OF GUILTY TO MISBEHAVIOR BY A SENTINEL, WHERE THE APPELLANT WAS IMPAIRED BY A SUBSTANCE OTHER THAN ALCOHOL AT THE TIME OF THE OFFENSE? COMPARE MANUAL…

Stars & Stripes is reporting the results of the Wickware court-martial. Airman 1st Class Horace Wickware, convicted Monday of the abuse and murder of his 8-month old son, was found guilty Monday and sentenced to 22 years in prison. I see that the Stars & Stripes have picked up on the former SecNav piece in…