Court-Martial Trial Practice

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…

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…

Army Times reports that: President Obama has nominated a Cedar Rapids-based assistant U.S. attorney to serve as brigadier general in the Army Reserve and chief judge of the Army Court of Criminal Appeals.

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…

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.…

JURIST reports that: Spanish National Court Judge Santiago Pedraz issued an arrest warrant [text, in Spanish; PDF] Thursday for three US troops suspected of gunning down Spanish journalistJuse Couso [advocacy website, JURIST news archive] in Iraq. Couso, a television cameraman, was killed in 2003 when a US tank fired into the Palestine Hotel in Baghdad.…

Military.com reports that: A former U.S. Army contractor was arrested today in Newport News, Va., for allegedly killing one sailor and seriously injuring another in a vehicular collision in Kuwait[.] Hanks is charged under the Military Extraterritorial Jurisdiction Act (MEJA), a statute that gives U.S. courts jurisdiction to prosecute crimes committed outside the United States…

United States v. Newby has been decided and has a reminder for trial defense counsel. The military judge made a clemency recommendation. The SJAR failed to note the clemency recommendation. The TDC failed to comment on the SJAR failure. Phew! And here’s why. Before this court, Appellant has assigned as error that Appellant was prejudiced…

CAAF has issued an opinion in United States v. Nerad. RYAN, J., delivered the opinion of the Court, in which EFFRON, C.J., and ERDMANN, J., joined. BAKER, J., filed a separate opinion concurring in the result. STUCKY, J., filed a separate dissenting opinion. Nerad gets a remand to AFCCA for the court to clarify it’s…

Thanks (again) to CAAFLog for finding a case relating to collateral consequences — Moutrie v. Secretary of the Army, __ F. Supp. 2d __, No. CV 09-4456-SVC (RC) (C.D. Cal. July 7, 2010). Up until, oh I don’t remember the date now, but quite a number of years ago, a military prisoner who reached his…