Court-Martial Trial Practice

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Philip D. Cave

Rapid City Journal reports: A jury of five officers found an Ellsworth Air Force Base airman accused of attempted murder guilty of aggravated assault Friday. Senior Airman Vinicus “Vinnie” Santana received a dishonorable discharge, demotion to airman basic and was sentenced to three years in prison at the conclusion of a four-day court martial. He…

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CAAF search and seizure case
Philip D. Cave

United States v. Huntzinger. I. WHETHER THE MILITARY JUDGE ERRED IN CONCLUDING THAT NO SOLDIER AT FORWARD OPERATING BASE (FOB) LOYALTY HAD A REASONABLE EXPECTATION OF PRIVACY IN ANY REGARD. II. WHETHER THE MILITARY JUDGE ERRED IN DENYING A MOTION TO SUPPRESS APPELLANT’S EXTERNAL HARD DRIVE AND PASSWORD PROTECTED LAPTOP WHEN THE COMMANDER WHO ORDERED…

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Training and CLE opportunity
Philip D. Cave

Thanks to a nicely and newly redesigned JAA website, here is information this years Appellate Advocacy Symposium. This is good training and good for those all important CLE credits for civilian attorneys. (Note, VA gives full credit for this one day seminar. I just checked my CLE records and we were only given four hours…

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Up periscope
Philip D. Cave

Fox news reports that: MyFox TampaBay.com The AWOL soldier accused of trying to enter MacDill Air Force Base with weapons and ammunition in his car is not a terrorist and was merely “trying to impress” his girlfriend during the incident, his father said in an exclusive interview with FoxNews.com. . . . Officials said the…

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Fort Gillem shooting update 3
Philip D. Cave

Army Times reports that: The military has released the name of the man allegedly shot to death by a fellow reservist at Fort Gillem. An earlier release said that the name of the suspect would not be released until there were charges. The Atlanta Journal Constitution reports that: The Army reservist gunned down by a…

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Afghan and foreign AWOLs update 4
Philip D. Cave

Fox News reports that: Texas senator is demanding answers from the Air Force on the current status of the 10 AWOL Afghan military deserters, which he called a breach of national security. The initial number of Afghans being floated was 17. Now: Ten of the 17 remain at large after seven were accounted for, sources…

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Fort Gillem shooting update 2
Philip D. Cave

The Atlanta Journal Constitution reports that: The victim of Thursday’s U.S. Army Reserve post shooting and his alleged killer both apparently worked together, Army officials said Friday. Both men were full-time Army Guard reserve soldiers assigned to the Army Medical Professional Management Command, spokeswoman Maj. Lenora Hutchinson told the AJC. It’s unclear whether they both…

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Wiki[shush]-Manning update
Philip D. Cave

An Army intelligence analyst suspected of leaking classified information to Wikileaks has still not been charged with any crime, three weeks after being arrested and put in pre-trial confinement. This is not an unusual time. Under Article 10, UCMJ, the government has a 120 window. However, that does not mean that the charges can or…

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Collateral consequences firearms and sex
Philip D. Cave

Here is an unpublished opinion in United States v. Jones, No. 09-15005 (11th Cir. 17 June 2010). I’ve commented before about how nuanced sex offender registration issues can get. Christopher Martin Jones appeals from his sentence imposed following his conviction for possessing a firearm as a convicted felon. On appeal, Jones argues that the district…

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