Court-Martial Trial Practice

Up periscope
Philip D. Cave

Coast Guard Report reports that: Commander, Naval Network Warfare Command, Rear Adm. Edward H. Deets III, relieved Cmdr. Mary Ann L. Giese, commanding officer of U.S. Naval Computer and Telecommunications Station (NCTS) Bahrain Aug. 21 due to loss of confidence in her ability to command. The decision to relieve Giese comes after a preliminary investigation…

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Up periscope
Philip D. Cave

Army Times reports that: Second Lt. Douglas Sofranko, a Florida National Guard officer photographed wearing a Navy SEAL Trident insignia he didn’t rate, has been relieved of his full-time duties with the Guard, and his future in the military is uncertain. The earlier post, “Ooops I have to graduate?”, is here. Military.com reports that: Naval…

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LTC Lakin
Philip D. Cave

Silence. 20 August 2010 was the day to submit motions. They would have had up to the close of business. Nothing on APF in terms of documents filed. Frankly I’m not expecting anything to be released, certainly not by the government. You will recollect that LTC Lakin and APF has been selective in what documents…

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Religious offensive
Philip D. Cave

Army Times reports: The Army said Friday it was investigating a claim that dozens of soldiers who refused to attend a Christian band’s concert at a Virginia military base were banished to their barracks and told to clean them up. . . . Smith said he went up the chain of command and traced the…

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ACCA expert assistance case
Philip D. Cave

ACCA has an excellent unpublished opinion in United States v. McGinnis, No. ARMY 20071204 (A. Ct. Crim. App. Aug. 19, 2010). Here it is with liberal sprinklings of Dwight’s synopsis. Appellant was convicted of battering his 8-month-old son. His GT score was 90 and he had a reputation for being a dim bulb, submissive, and…

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Crime spree Astronaut more than grounded
Philip D. Cave

Navy Times reports: A former astronaut who gained notoriety for stalking a romantic rival after driving 900 miles straight from Houston is expected to be discharged from the Navy. A board of inquiry made up of three Navy admirals voted 3-0 Thursday give Navy Capt. Lisa Nowak an “other than honorable” discharge and downgrade her…

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ACCA on IAC
Philip D. Cave

In United States v. Darling, ACCA affirmed because appellant could not establish the prejudice prong of an IAC “claim.” This is worth reading for those cases where the accused is found not guilty after a contested case, but during sentencing there is a concession that the accused was actually guilty. For the defense counsel this…

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Coast Guard certified issues to CAAF
Philip D. Cave

The Coast Guard has certified the following issues to CAAF. No. 10-6010/CG. U. S., Appellant v. ANDREW L. DALY, Appellee. CCA 001-62-10. Notice is hereby given that a certificate for review of the decision of the United States Coast Guard Court of Criminal Appeals was filed under Rule 22 on this date on the following…

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NMCCA sets aside a Article 120 case for instructional error
Philip D. Cave

In the United States v. Jones the facts cited by the court show a consent defense. However the defense counsel did not request an instruction on the affirmative defense and the military judge did not give one. There being no evidence of an affirmative waiver the findings and sentence were set aside. A military judge…

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