Court-Martial Trial Practice

In United States v. Eyster, decided by the 3rd Cir. on 14 July 2010, the appellant claimed he was improperly sentenced because the court considered a 1988 court-martial conviction for rape. On appeal, Eyster argues that the District Court erred by increasing his criminal history from Category II to Category V, because his 1988 conviction…

Not sure where to place this but: No. 10A56 Title: Orly Taitz, Applicant v. Thomas D. MacDonald, Colonel Garrison Commander, Fort Benning, et al. Docketed: Lower Ct: United States Court of Appeals for the Eleventh Circuit Case Nos.: (09-15418) ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ Jul 8 2010 Application (10A56) for a stay, submitted to Justice Thomas.

Oh, For Goodness Sake blog is reporting that Orly Taitz is now assisting in LTC Lakin’s defense? A posting at A Natural Born Citizen . . . Orly? appears to indicate that one of Orly Taitz’s blogs has been taken over – I think by aliens. Oh man what a pun. She does have some…

From on the road. Navy Times reports that: The Navy’s top officer is forcing the Naval Academy superintendent to vacate his position one month earlier than planned, and the Navy secretary has ordered two midshipmen set to be booted for honor violations to be invited back to the school, according to the Navy’s senior spokesman.…

Coast Guard reports indicates that: Rear Adm. Gary T. Blore, commander of the Thirteenth Coast Guard District, has relieved Capt. Fredrick G. Myer from his duties as commander of U.S. Coast Guard Sector Portland, Ore., Friday, citing alleged misconduct due to a violation of military regulations, specifically unauthorized use of a government computer. Specifically, Capt.…

Introducing evidence or refreshing recollection? TC: May I approach the witness? MJ: Yes. TC: I’m handing prosecution exhibit 3 to the witness, please look at that. DC: Can we see that first please? TC: Your honor we gave a copy of this to the defense in discovery. DC: Your honor such a comment is improper…

A constant frustration – how to impeach (and typically with the book is sitting there on counsel table). Complaining Witness: Blah, blah, blah. Defense counsel: Now Ms. Complaining Witness you received an Article 15 . . . . (“Objection,” – “Sustained.” [DC looks at judge with a ‘what did I just do’ attitude.]). NO, wrong.…

I previously posted about an Army decision to rescind GOMR’s for several officers involved in the Wanat event. [Military to open new investigation into battle that killed nine soldiers, and here.] Here are links to a two parter by Tom Ricks on Wanat in Foreign Policy: The families respond I Several relatives of soldiers killed…

From on the road. Marine Corps Times has this survey. Does “drop and give me 20” cut it? Or does he warrant a tougher punishment — maybe standing at parade rest for hours at a time, or spending all night cleaning the barracks? Or would that be considered hazing? Military.com has this piece which I…

Army Times reports that: The impolitic comments that torpedoed Gen. Stan McChrystal’s career were “almost all” made by his most junior staff — men who “make tea, keep the principal on time and carry bags” — who had no reason to believe their words would end up in print, according to a staff member who…