United States v. Christian, 63 M.J. 205, 206 (C.A.A.F. 2006). This Court has granted review of two issues. The first issue for our consideration is whether life without eligibility for parole (LWOP) was an authorized punishment at the time Appellant committed the offense of forcible sodomy of a child under twelve years of age. We…
Continue reading ›Navy Times reports: The number of people to be cut by this year’s two enlisted retention boards has dropped by more than 200, based on an Aug. 1 quotas update released by personnel officials. Perhaps they are making the numbers with misconduct separations. Navy Times reports: The former executive officer behind the controversial “XO Movie…
Continue reading ›I have previously posted about “context testimony” usually from law enforcement officers to set the stage for why an investigation began. While not exactly addressing this issue, NMCCA has come close and has a useful discussion of how similar context evidence is not admissible. In United States v. Combest (an unpublished op.) the court sets…
Continue reading ›The prosecution, often routinely, denies or fails to answer requests for derogatory information in the personnel records of law enforcement personnel involved in a case. Some cite United States v. Henthorn (note the NMCCA, in at least one court order, has noted that no military appellate court has ruled that Henthorn states the applicable rule).…
Continue reading ›So, you have a prosecution witness who testifies to something on the witness stand which you know is wrong and for which you have contradictory evidence. Let’s also assume for the moment that the wrong testimony is about something relevant to the case and you are not in a situation where you can impeach through…
Continue reading ›Navy Times reports: The former executive officer of the Mayport, Fla.-based cruiser Gettysburg received non-judicial punishment for sexual misconduct and a likely forced retirement at an admiral’s mast hearing in Norfolk Monday morning, the Navy announced. Marine Corps Times reports on Mids spicing up life. On June 13, four Naval Academy midshipmen snuck aboard the…
Continue reading ›Nope, not yet, but maybe. Under Mil. R. Evid. 1102, a federal rule of evidence becomes effective in courts-martial 18 months after the federal rule goes into effect, unless the President decides otherwise. So, Federalevidence.com blog reports the status of a change to Fed. R. Evid. 803(10), which is intended to address some “confrontation” problems.…
Continue reading ›Thanks to obamaconsipiracy.org here are some links and information about a new military-birther case? Air Force Staff Sergeant Refusing Orders Until Obama’s Eligibility Dealt With Did LTC Lakin and his case have an effect on other members of the military? Maybe so. Basically, I’d rather follow Mr. Lakin, the ex-Army officer who went to Ft.…
Continue reading ›I’m a proponent of restitution in cases where it may lead to a reduction in confinement or suspension of a punitive discharge. I’m a proponent in cases even where there has been no ‘unjust enrichment.’ The CGCCA in United States v. Scott addresses restitution in the context of when restitution should be made and what…
Continue reading ›NMCCA has issued an opinion in United States v. Saracoglu. NMCCA specified the issue. The related to the MJ’s denial of a UCI motion based on: Captain (Capt) Hillary, Headquarters and Service (H&S) Company Commander for Weapons Field Training Battalion, held a Friday morning formation. The formation included two platoons of enlisted Marines, including the…
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