Court-Martial Trial Practice

Local soldier gets 36 months in military prison, by Tim Olmeda, Nueces County Record Star, Friday, October 9, 2009. A Robstown soldier was sentenced to 36 months in a military prison after pleading guilty to various charges that included failure to report to duty and impersonating a commissioned officer. Pfc. James Gonzalez pled guilty at…

That’s the headline in the Capital Flyer, Andrews AFB. In September 2009, a Joint Team Andrews Air Force staff sergeant pled guilty to the wrongful use of marijuana in violation of Article 112a of the Uniform Code of Military Justice. Her wrongful use was initially detected during a random urinalysis inspection. A military judge sentenced…

Since 1 October 2009, NMCCA has issued four new opinions. Here is United States v. Holmes, __ M.J. ___ NMCCA 200800501 (N-M Ct. Crim. App. 8 October 2009)( a Judge Meeks case of Wuterich fame). The other cases are sentence appropriateness and the usual administrativa. The appellant’s sole assignment of error is that the military…

Air Force Academy Censors Professor for Discussing Gays in the Military New Data Show Lesbian Discharges in Air Force Are Disproportionate; Lt. Col. Is Reprimanded and Removed From Classroom SANTA BARBARA, Calif., Oct. 8 /PRNewswire-USNewswire/ — The Palm Center has learned that a Lieutenant Colonel who taught at the Air Force Academy in Colorado Springs,…

Here is a CNN piece on United States v. Smith. Dog handler appeals conviction in Abu Ghraib case. He’s already served the time, but lawyers Thursday argued to clear his name as onetime U.S. Army Sgt. Michael Smith appeals a conviction for the torture of detainees once held at the Abu Ghraib prison in Iraq.…

CAAFLog has pointed to the following article: Appellate review of military commissions, Thursday, October 08, 2009, Eugene R. Fidell, on Balkinization. As Mr. Fidell points out, a “terrorist” tried and convicted at Guantanamo in a military commission has more appellate rights than the service-members who may have captured them and the service-members who are guarding…

For those who like to drill down into the why’s, here is a link to the (660 page) Conference Report on the National Defense Authorization Act for FY 2010, with the Joint Explanatory Statement of the Committee of the Conference. For example here is one item, at page 83 (or 134 if viewing .pdf in…

Here is how the blog Suits & Sentences reports United States v. McPherson. Army deserter lands honorable discharge, somehow An odd case recently resolved by the U.S. Army Court of Criminal Appeals shows how a soldier convicted of desertion can still take home an honorable discharge. It’s all a matter of timing and regulatory ambiguity.…

Eyewitness 9 News article by Amy Kibler, October 6, 2009 A Camp Lejeune Marine’s court-martial proceedings begin tomorrow. Public Affairs says Gunnery Sergeant William Augurson, Jr. faces child endangerment and drunken disorderly conduct charges. The Marine Corps is not elaborating on the circumstances surrounding these charges. II MEF Officials say on Wednesday the Court will…

Thanks to CAAFLog, here is a link to the above report. Here are the most pertinent sections affecting military justice trial practitioners. SEC. 512. MEDICAL EXAMINATION REQUIRED BEFORE ADMINISTRATIVE SEPARATION OF MEMBERS DIAGNOSED WITH OR REASONABLY ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. 1. Prior to administrative discharge a medical examination is required. [A]…