Court-Martial Trial Practice

DADT
Philip D. Cave

Air Force Times reports: Military officials say a survey of U.S. troops and their families is finding that a majority don’t care whether gays are allowed to serve openly and think “don’t ask, don’t tell” could be done away with.

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Post-trial the long view
Philip D. Cave

Clemency – done. Appeal – done. Depending on the forum – Upgrade – done. No, there is no expungement of a conviction in the military. What next, anything? Well yes, seek a pardon. But, not with this president. Obama is currently the fourth-slowest president to commute or void a prisoner’s sentence. Only Presidents Bill Clinton,…

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Nerad-CP-sentencing
Philip D. Cave

I’ve posted before about CP sentencing in federal courts. Here is a piece with links at Sentencing Law & Policy which further discusses CP related sentencing in federal courts and the U. S. Sentencing Guidelines Commission. As the sentencing guidelines for child pornography crimes have grown increasingly harsh, a strong trend has developed among federal…

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Pernell-Bragg-rapes case sitrep
Philip D. Cave

Trial is scheduled to begin 8 December 2010 at Fort Bragg. The Judge has decisions pending on a suppression motion and a motion to dismiss an attempted rape charge for failure to state an offense. As FayObserver ‘observes:’ Spc. Aaron M. Pernell, 23, of Tulsa, Okla., is charged by military authorities with attempted rape, two…

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Ramrod Five–Stryker Brigade sitrep
Philip D. Cave

Military.com reports: The soldier who tried to blow the whistle on an alleged plot to kill Afghan civilians for sport has been put in solitary confinement in a windowless cell for 23 hours a day, his family said. The father of Spc. Adam Winfield is objecting to the conditions at Joint Base Lewis-McChord south of…

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Oddity
Philip D. Cave

Some years ago LCDR Walter Fitzpatrick was prosecuted and convicted at court-martial and later retired. After that he began a website called JAGHunter. Initially he used the site to lambast any of the Navy JAG’s involved in his case along with his commanders. Over the years there have been other oddities from the retired LCDR.…

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Up periscope
Philip D. Cave

NWA Online reports that: A Little Rock Air Force Base airman lost his stripes Friday and was ordered to jail for a month after being found guilty of assault for whipping his stepdaughter with a belt and an extension cord, but the military court stopped short of kicking him out of the service. KWCH News…

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Collateral consequences-immigration
Philip D. Cave

And here is an Air Force Times report: When Rohan Coombs joined the Marine Corps, he never thought one day he would be locked up in an immigration detention center and facing deportation from the country he had vowed to defend. . . . The estimates are of about 8000 non-U.S. citizens enlisting to serve…

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NMCCA provides reminder of multiplicity in drug cases
Philip D. Cave

United States v. Pippins, is a reminder that when a person possesses drug for a persons own use and/or distribution, the possession is an LIO of the use or the distribution. A review of multiplicity in this case centers on whether the appellant’s possession of BZP is in the same act or course of conduct…

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