Court-Martial Trial Practice

Up periscope
Philip D. Cave

Military.com reports: The commanding officer of the Little Creek-based amphibious dock landing ship Gunston Hall was relieved of command Thursday after an investigation into allegations of sexual harassment, simple assault and conduct unbecoming an officer. Navy Times adds additional information: The skipper of the dock landing ship Gunston Hall was fired Thursday, and the executive…

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LTC Lakin
Philip D. Cave

Note to file. Don’t spend time gossiping with Dwight while burglars are having their way in your house. It’s not helpful or conducive to a good day and it interferes with blogging. Second note to file: send thank you to ADT (a la USAA) for an efficient alarm system, and note of thanks and donation…

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Worth a look?
Philip D. Cave

The new issue of The Jury Expert is available online. Sara Struckman, The Articulation of Lynndie England to Abu Ghraib: Gender Ideologies, War, and the Construction of Reality, 11 J. Magazine & New Media Research 1 (Spring 2010). Marco Odello, Tackling Criminal Acts in Peacekeeping Operations: The Accountability of Peacekeepers, *

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Reporting of civil convictions, etc.
Philip D. Cave

Navy Times reports: Big Navy is trying to work around a recent military court decision striking down a fleet-wide rule forcing sailors to report any drunken-driving or other civilian arrests to their command. Navy Secretary Ray Mabus revised a high-level Navy regulation July 20 in response to the case of a chief who claimed the…

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Up periscope
Philip D. Cave

Dayton Daily News reports: A base airman has been ordered to face a special court-martial after allegedly leading military police on chase and crashing a vehicle in Fairborn on May 16. Fox News has a piece on the research misconduct investigation. The Pentagon is probing allegations that Navy medical personnel tested the use of an…

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GPS technology
Philip D. Cave

I’m aware of one case in the military where the NCIS used GPS tracking (after getting a warrant). Fourthamendment.com recommends: The D.C. Circuit held on Friday that a warrant is needed for prolonged GPS surveillance, recognizing People v. Weaver from New York and limitingKnotts. [This is a highly important decision. Every criminal and constitutional lawyer…

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ACCA and military judge partiality
Philip D. Cave

On 28 July 2010, ACCA issued a memorandum opinion and decision for the government appeal in United States v. Kirk, ARMY MISC 20100443 (A. Ct. Crim. App. 28 July 2010). At trial the accused blew providency on an AWOL plea. The prosecution decided they wanted to go forward on the desertion. As part of the…

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