Court-Martial Trial Practice

Coast Guard San Diego Bay sitrep
Philip D. Cave

Here SignOn San Diego reports the unusual situation of public release of pretrial agreement “discussions.” The Coast Guardsman piloting the boat that killed 8-year-old Anthony DeWeese might have served a year or less in prison if his lawyers had pursued a plea deal dangled by the prosecution. It is unclear how the emails surfaced publically.

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Eyewitness accounts and testimony
Philip D. Cave

MAJ Hasan’s UCMJ Article 32 hearing and likely court-martial is drawing and will continue to draw lots of attention — of course, duh. But just as we have seen in other high profile cases there are opportunities for what I call teachable moments. Here are two from the item posted by CAAFLog about the witness…

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Up periscope
Philip D. Cave

I posted before about the CO of USS OHIO being detached for cause and the number of Navy CO’s DFC’d this year. Now Navy Times has obtained a copy of documents related this case which appears to include a copy of the command investigation. The arrival of a birthday card in the ship’s mail addressed…

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The reasons why
Philip D. Cave

Here is a link to the military judge’s sentencing statement in the case of Canadian Captain Semrau. Obviously it is notable because the practice is for the judge to provide a reasons for sentencing, but secondly is the reliance on United States v. Maynulet and United States v. Horne (LEXIS doesn’t show a “Horne” case,…

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More searching privacy
Philip D. Cave

Courtesy of fourthamendmentlaw.com here is an interesting summary of search law from the Oregon Federal Public Defender. First he acknowledges that a persons privacy right has been restricted over the years and with the advent of technology privacy may get harder to protect. A. Introduction The revolution of the Warren Court, especially in the area…

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LTC Lakin sitrep
Philip D. Cave

It appears that LTC Lakin may be feeling victimized? safeguardourconstitution reports: In facing court-martial, LTC Lakin is just the latest victim of the determined effort of the President not to provide simple proof of his eligibility under the constitution to hold office. Thanks Dr. Conspiracy for catching that.

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Up periscope (incl MAJ Hasan sitrep)
Philip D. Cave

Military.com reports: A US special forces member suspected of having accidentally killed a British aid worker held hostage in Afghanistan could face disciplinary action, officials said Thursday. Reuters reports that: Col. James Pohl, the presiding officer at Hasan’s hearing, denied a request from Hasan’s lawyers to delay the Article 32 evidentiary hearing to determine if…

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San Diego Bay Coast Guard boating collision
Philip D. Cave

the log (California’s Boating & Fishing News) reports: The Coast Guard has ordered three petty officers to stand trial in a San Diego Bay crash that killed an 8-year-old boy during a holiday boat parade, an official said Oct. 6. Rear Adm. Joseph R. Castillo, commander of the 11th Coast Guard District, ordered the general…

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LTC Lakin sitrep
Philip D. Cave

I happened to have business at MDW today so I stopped by to take LTC Lakin’s pulse for his upcoming court-martial and watch today’s Article 39(a), UCMJ, session. The writ was denied today. A straight line standard denial [thanks to CAAFLog for a copy]. 1. Mr. Jensen was excused from further participation in the case…

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