Savannahnow.com reports that: Attorneys for a 3rd Infantry Division soldier accused of shooting two non-commissioned officers while all three men were deployed to Iraq in 2008 are asking a military judge to drop capital charges in a pending court-martial. They claim two aggravating circumstances surrounding the incident were not properly listed on the suspect’s initial…
Continue reading ›Court-Martial Trial Practice
Rapid City Journal reports that: An Ellsworth Air Force Base airman facing a court martial for his involvement in the shooting of a fellow airman last year has pleaded guilty to two of the four charges brought forth by the U.S. Air Force. Airman Vinicus “Vinnie” Santana pleaded guilty to possession of a controlled substance…
Continue reading ›Navy Times reports: Photo: AP/Navy Times A military judge has allowed a Marine sergeant convicted of murder in one of the biggest war crimes cases to emerge from the Iraq war to walk free, nearly two months after a military appeals court ruled he had an unfair trial. . . . Hutchins had been serving…
Continue reading ›Politicians have always sought to wrap themselves in the military and the flag. The recent crisis of political identity has various politicians mistating or failing to correct their military record. Here is a reminder to those in uniform that active duty military have some restrictions on what they can say or do in the political…
Continue reading ›Rafu Shimpo (LA Japanese Daily News) has this posting: The Nikkei for Civil Rights & Redress and the Asian American Vietnam Veterans Organization will screen the documentary, “Lt. Watada” on June 19 at the David Henry Hwang Theatre at 7 p.m. “Lt. Watada” is an in-depth look at the case of Lt. Ehren Watada, the…
Continue reading ›Rapid City Journal reports that: Senior Airman Vinicus “Vinnie” Santana’s court martial begins today at Ellsworth Air Force Base. . . . The Pennington County State’s Attorney’s office initially charged Santana with attempted first-degree murder and aggravated assault for the shooting of another airman – David Piland, 21. Those charges were dropped and Santana was…
Continue reading ›Army Times reports: A federal appeals panel says sex offenders convicted in military court but housed by the Bureau of Prisons are not eligible for civil commitment. A three-judge panel of the 4th U.S. Circuit Court of Appeals issued the ruling Monday in the case of former Army officer Benjamin Barnard Joshua, who pleaded guilty…
Continue reading ›Marine Corps Times reports that: A Camp Pendleton Marine whose murder conviction was recently overturned was released Monday after serving four years in prison for a major Iraqi war crimes case, his lawyer said. An emotional Sgt. Lawrence Hutchins III vowed to be the best Marine he could be while he waits for the U.S.…
Continue reading ›United States v. Daly. Initially the accused was charged with violating a CG Personnel Manual regulation (about personal relationships) under Article 134, UCMJ. After some discussion of preemption issues (Dwight-san?), the charge was amended to remove the violation of a lawful order language. Then the defense challenged the charge on the basis of failure to…
Continue reading ›CAAFLog has posted a link to the denial of certiorari in Pendergrass v. Indiana. When the Supremes, or any appellate court, denies a petition this is what I usually think of. Probably need to update my trial notebook because there must be a more recent “quote?” Stern & Gressman must be past a 7th edition?…
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