Court-Martial Trial Practice

Up periscope – 190110
Philip D. Cave

Army authorities are now claiming that Galesburg soldier Spc. Billy Miller had [AP] on his computer as well as alleged [CP] . Miller’s tour in Afghanistan has been involuntarily extended by the army while it investigates charges of possession of [CP] and failing to obey a general order. . . . But now military officials…

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CAAF grants
Philip D. Cave

Three interesting grants from CAAF in the last few days. No. 07-0401/NA. U.S. v. Russell B. MULLINS. CCA 200200988. Review granted on the following issues: WHETHER THE LOWER COURT IN HOLDING THAT THERE WAS NOTHING IMPERMISSIBLE IN THE MILITARY JUDGE ALLOWING THE GOVERNMENT TO INTRODUCE LIE DETECTOR TESTIMONY IN VIOLATION OF MILITARY RULE OF EVIDENCE…

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Crawford – Melendez-Diaz – urinalysis
Philip D. Cave

Here is a case from federalevidence.com: Supervisor expert testified about his role in the peer review process; passing reference to the testing chemist’s conclusion did not violate the Confrontation Clause; circuit also distinguishes Melendez-Diaz v. Massachusetts, 557 U.S. __, 129 S.Ct. 2527 (2009), in United States v. Turner,” _ F.3d _ (7th Cir. Jan. 12,…

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Galesburg CP case
Philip D. Cave

Here is a little more information about the NG soldier held in Afghanistan pending court-martial for alleged CP sent to him by his mother. The family of an Illinois National Guard soldier believes he was wrongly accused of possessing child pornography by a friend he had recently argued with. Rodney and Terri Miller told the…

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Up periscope – 180110
Philip D. Cave

USA Today reports the LTC shoplifting case: A U.S. Army lieutenant colonel facing court-martial on a shoplifting charge blames the Army for mistakenly reducing the medicine he takes to curb his urge to steal. Army Times reports: A former Fort Riley soldier who served 10 years in prison for a rape he didn’t commit will…

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Up periscope weekend edition – 170110
Philip D. Cave

A military court in Kuwait has convicted a third soldier in connection with the August suicide of 19-year-old Keiffer Wilhelm. Staff Sgt. Enoch Chatman of West Covina, Calif., received three months’ confinement and a written reprimand from the commanding general and was reduced two pay levels to a specialist. Chatman was among four soldiers charged…

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Police reports are not evidence
Philip D. Cave

Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth…matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel. In other words, police reports are not…

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Military suicides
Philip D. Cave

Statistics are starting to be released about suicides, primarily within the Army, showing increases in the numbers. I think it’s reasonably safe to assume that attempts as well as “gestures” have risen during that period of time. Eight years of war in Afghanistan and Iraq have etched indelible scars on the psyches of many of…

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Exchange, shoplifting, and medication.
Philip D. Cave

A lieutenant colonel said because he suffers from kleptomania he should not be court-martialed for shoplifting last year at Fort Benning, Ga. Lt. Col. Rodney Page, a 28-year Army veteran, admits to stealing $37 worth of challenge coins at the post exchange, but he blames the Army for mistakenly reducing medication he takes to curb…

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