Court-Martial Trial Practice

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Philip D. Cave

Some news stories: “US: SOLDIERS FORCED TO GO AWOL FOR PTSD CARE.” Inter Press Service English News Wire. 2009. HighBeam Research. (December 23, 2009). http://www.highbeam.com/doc/1P1-174196126.html With a military health care system over-stretched by two ongoing wars in Afghanistan and Iraq, more soldiers are deciding to go absent without leave (AWOL) in order to find treatment…

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Another Stolen Valor case
Philip D. Cave

A man accused of posing as a highly decorated war veteran faces federal charges of falsely wearing heroic medals of honor. Angel Manuel Ocasio-Reyes, 48, was charged under the Stolen Valor Act. This is the fourth time in 12 months someone has been prosecuted under the Stolen Valor Act, according to Amy Filjones, a spokeswoman…

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Third SEAL pleads NG
Philip D. Cave

The third SEAL accused in the assault of an alleged al-Qaida terrorist pleaded not guilty Tuesday to charges of dereliction of duty and making a false official statement in a military court on Norfolk Naval Base. Trial by court-martial is set for 6 April 2010, Navy Times reports. The other two SEAL’s alleged to be…

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Discipline under new pregnancy rules
Philip D. Cave

Seven U.S. soldiers, including three men, have already been punished under six-week-old rules making pregnancy a violation of military law in northern Iraq. Stars & Stripes reports. The four soldiers who became pregnant were given letters of reprimand that will not remain a part of the permanent military file, Cucolo said, as were two of…

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Major Hasan pretrial punishment?
Philip D. Cave

The lead defense lawyer for accused Fort Hood shooter Maj. Nidal Malik Hasan said Monday that he believes the Army is violating Hasan’s religious rights because it prohibited him from praying from the Koran in Arabic with a relative. Attorney John P. Galligan said he learned that police guarding Hasan at Brooke Army Medical Center…

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Litigation by Media and Congress
Philip D. Cave

For some years now, primarily relating to Iraq/Afghanistan cases there has been lots of litigation by media and congress. The current move to save the SEALs by congress is just the most recent example of seeking to influence a court-martial case. The “litigation” has been both for and against the military member. We all remember…

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Second trial counsel
Philip D. Cave

At this point, the military judge interjected and asked 11 foundational questions of the witness. The questions were limited to Major D’s past service as an enlisted Marine in the same MOS as the appellant, his supervisory responsibilities as a Marine Corps gunnery sergeant within that MOS, the total number of years he served within…

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Recruiter misconduct
Philip D. Cave

With a core part of my business relating to recruiter misconduct issues within the services, I found this item interesting. Inland rape, other cases spur new ethics training for Marine recruiters. About 20 military court-martial trials involving recruiters are under way at any given time, Richardson said. He said statistics show about 3 percent of…

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