Court-Martial Trial Practice

LTC Lakin 2
Philip D. Cave

I had to go to the bank, pet store, and commissary today so I stopped off to watch the arraignment. There was a standard R.C.M. 802 conference. The Army script was followed. LTC Lakin exercised his right to retain MAJ Kemkes and Mr. Jensen, and did not ask for IMC. LTC Brodsky was present as…

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LtCol Chessani
Philip D. Cave

onenewsnow.com reports: The retiring Marine officer believes it was God’s will that the final board of inquiry ruled he must retire from the Marine Corps at the same rank. “I’m not glad about the way things ended, but I’m thankful that God closed the door on the Marine Corps for me,” he explains. “I don’t…

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Military Human experiments?
Philip D. Cave

The Boston Globe reports: The Department of Defense is investigating whether 80 wounded American service members in Iraq were improperly used as subjects in a test of a possible treatment for brain injuries, according to the Pentagon’s Office of Inspector General. In addition to the defense investigation, the US Navy is conducting an inquiry into…

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Up periscope
Philip D. Cave

Lot here today. Catching up after a contested trial at Fort Bragg. I’ll update the Lakin page after today’s “events.” Kate Wiltrout reports the retrial of Richard Mott at NOB, NorVA. Almost two years after a Navy judge found Seaman Richard Mott guilty of attempted premeditated murder and sentenced him to 12 years in prison,…

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Collateral consequences
Philip D. Cave

Here is a piece from Kitsap Sun: A doctor who is being expelled from the Navy was charged by Kitsap County prosecutors Thursday with failing to register as a sex offender, according to attorneys familiar with the case. State law requires people convicted of certain sex crimes to register as sex offenders within three days…

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Up periscope
Philip D. Cave

Cleveland.com reports that: The Department of Defense announced Wednesday that President Barack Obama has nominated Lavelle to be reinstated to the rank of general, the highest in the armed forces. Lavelle died in 1979, seven years after he was forced to retire and was demoted to major general. A general wears four stars; a major…

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Fricke dead, case still good law
Philip D. Cave

Navy Times reports: A former Navy officer who was serving time for hiring someone to kill his wife was killed in a Kansas military prison a month before he was supposed to be released. Officials at Fort Leavenworth say 54-year-old former Navy Lt. Cmdr. Michael Fricke was beaten with a baseball bat by another inmate…

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Some quick reminders about guilty pleas and such
Philip D. Cave

There’s something for everyone out of a number of Navy and Coast Guard cases. Defense Counsel. When the military judge wrongly announces a sentence which will inure to your client’s benefit, generally you should keep you mouth shut. But, once you get the SJAR, double check the SJAR against the record. See United States v.…

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