Court-Martial Trial Practice

The Air Force says an Alaska-based airman has been sentenced to 90 days confinement and 90 days hard labor for malingering — intentionally hurting oneself to avoid deployment. Army Times, 3 September 2009.

Former Petty Officer 3rd Class Joseph Rocha says he suffered post-traumatic stress disorder after being physically and sexually abused by fellow sailors over a two-year period. But after a Navy investigation into widespread hazing allegations within the unit, the only sailor discharged was Rocha, because he also admitted that he is gay. Stars and Stripes…

Air Force major pleads guilty to indecent acts; rape count to go to jury, September 03, 2009 1:16 PM TOM ROEDER, THE GAZETTE An Air Force Academy major on trial this week for rape has pleaded guilty to several related crimes. Maj. Barry N. Nixon is disputing the rape claim brought by a girl over…

Analysis: Pentagon talks openness, but shows little action By Leo Shane III, Stars and Stripes, Mideast edition, Thursday, September 3, 2009 RELATED STORIES: Military terminates Rendon contract Army used profiles to reject reporters Pentagon: Reporter profiling under review Files prove Pentagon is profiling reportersIn the newsroom: Military puts its spin on PR story Journalists’ recent…

Courtesy of CAAFLog, the new NCIS directive on recording confessions. And also info regarding AF OSI.

For those who served at Navy Appellate Defense during the 1990’s (or I suppose Appellate Government, or Code 40, or Code 20, or NMCCA, oops and CAAF), the case United States v. Zander, 48 M.J. 558(N.M. Ct. Crim. App. 1997), rev. denied 48 M.J. 18 (C.A.A.F. 1997), will mean something. So, here are his most…

Here is a commentary from Prof. Colin Miller on his blog I love to read about Wuterich. He begins: All but two states have some type of reporter’s privilege. Similarly, most federal courts have recognized some type of reporter’s privilege as well. But what about military courts? Well, to this point, they haven’t recognized a…

Here is a link to the brief in Briscoe v. Virginia. The case is a follow on to Crawford and Melendez-Diaz. Here is the Issue as reported by SCOTUSWiki. Briscoe v. Commonwealth of VA: If a state allows a prosecutor to introduce a certificate of a forensic laboratory analysis, without presenting the testimony of the…

The “birthers” within the military community continue their legal quest to have President Obama declared not legally president and for their orders to active duty cancelled. Here is the initial part of a pleading filed on behalf of a medical doctor called to active duty with a 5 September report date. Plaintiff Captain Dr. Connie…

Suffolk cop docked pay for criticizing commissioner September 1, 2009 By REID J. EPSTEIN, A Suffolk police officer and Iraq War veteran who criticized Commissioner Richard Dormer at a public meeting has been docked five days pay for his comments. Officer Mike Simonelli, 37, who said he is set to deploy to Afghanistan with his…