Court-Martial Trial Practice

[Breaking]More on the West Point rape case
Philip D. Cave

recordonline.com reports that: United States Military Academy cadet has been convicted of rape in military court. The judge in the court-martial has found Cadet Kyle C. Newman guilty on one charge of rape and one count of indecent conduct. Newman was facing court-martial on two counts of rape and one count of indecent conduct. He…

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Another LTC Lakin commentator
Philip D. Cave

Andy Martin, Executive Director, Contrarian Commentary, posits that President Obama is not legally president, therefore LTC Lakin has a legitimate challenge to his orders. Mr. Martin first tells us that: I am completely independent and impartial in so far as the Lakin matter is concerned. So far as I am aware I have not had…

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Up periscope
Philip D. Cave

Military.com reports that: A Navy doctor pleaded guilty to two counts of wrongful sexual contact and two counts of conduct unbecoming an officer, in exchange for dropping 29 other counts of criminal allegations at a Yokosuka Naval Base court-martial Wednesday. Grant Okubo/Stars & Stripes Under the terms of a pretrial plea agreement, Lt. Cmdr. Anthony…

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Reading
Philip D. Cave

Have a few spare minutes: 1. Disentangling Child Pornography from Child Sex Abuse Carissa Byrne Hessick , Arizona State, Sandra Day O’Connor College of Law, Washington University Law Review, Vol. 88, 2010 Abstract: Recent years have seen a significant increase in the criminal penalties associated with possession of child pornography. The new severity appears to…

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CAAF grant and remand – de facto immunity
Philip D. Cave

Here’s an interesting grant and remand from CAAF. No. 10-0265/AF. U.S. v. Douglas E. LONG. CCA 37044 (2009 CCA LEXIS 477). WHETHER APPELLANT WAS DENIED DUE PROCESS BECAUSE ASSURANCES OF AIR FORCE OFFICIALS PROVIDED HIM WITH DE FACTO IMMUNITY FROM PROSECUTION. The decision of the United States Air Force Court of Criminal Appeals is set…

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Pendergrass
Philip D. Cave

CAAFLog advises that Pendergrass v. Indiana, No. 09-866, is scheduled for the 10 June case conference at the Supremes. Here courtesy of Prof. Freidman counsel for Pendergrass and also of Melendez-Diaz and Briscoe “fame,” is the Pendergrass cert petition. Here also is the state of Indiana’s brief in opposition to certiorari at this link. The…

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Up periscope 34
Philip D. Cave

Navy Time reports: Thirteen junior officers were kicked out of the Marine Corps last week after officials uncovered widespread cheating on a land navigation exam. All 13 were students at The Basic School aboard Marine Corps Base Quantico, Va., a six-month boot camp for newly commissioned officers. Eight men — including two former football players…

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Stolen Valor
Philip D. Cave

Marine Corps Times reports: A man who pleaded guilty last year to altering an identification card after he was spotted in the uniform of a three-star Marine general has been charged again with posing as a highly decorated Marine officer. Sixty-seven-year-old Michael Hamilton of Richlands was charged last week with wearing a Marine colonel’s uniform…

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Up periscope 33
Philip D. Cave

Army Times reports: A Fort Wainwright soldier is under investigation for allegedly posting a video on his Facebook site showing Iraqi children being taunted. Navy Times reports: A 400-cell military brig is being constructed near Naval Station Norfolk to consolidate Navy and Marine prisons closing in Virginia and North Carolina. . . intended for Navy…

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Hasan update
Philip D. Cave

The LA Times has interesting piece which essentially posits that both the defense and Congress are being stonewalled in production of relevant information. Usually it’s only the defense. But even before the gavel comes down, two legal battles are underway to try to force the Army and the Department of Justice to turn over documents…

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