Court-Martial Trial Practice

Military terminates Rendon contract
Philip D. Cave

For whatever reason it appears the military will stop (or reduce) profiling of journalists covering matters in Afghanistan. Here’s: Kevin Baron, Stars and Stripes, Mideast edition, Monday, August 31, 2009 RELATED STORIES: Army used profiles to reject reporters Pentagon: Reporter profiling under review Files prove Pentagon is profiling reporters Journalists’ recent work examined before embeds…

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LtCol Chessani’s retired check is based on his last pay amount, even if reduced to major?
Philip D. Cave

See what you think? I’ve posted the article about LtCol Chessani not being prosecuted, but facing a BOI. One of the papers reported: Instead, the Marine Corps will convene a Board of Inquiry to hear testimony and recommend whether Lt. Col. Jeffrey Chessani should be demoted to major for purposes of retirement. Even if such…

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“Knowing possession” of CP?
Philip D. Cave

CA Court of Appeals provides guidelines for “knowing posession”. In People v. Michael James Tecklenburg, (2009, 169 Cal. App. 4th 1402) the California Court of Appeals considered the relevance and applicability of involuntary “pop-ups” and temporary Internet files (TIF or “cache”) to the applicable statute. California’s Penal Code section 311.11(a) makes it illegal to “knowingly…

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Incompetency finding.
Philip D. Cave

FORT BLISS, Texas — A Fort Bliss soldier charged with murder in the shooting death of a local high school student has been found incompetent to stand trial, the U.S. Army announced Saturday. Spc. Gerald Polanco, 37, will be transferred within the next week from the Otero County Detention Facility in New Mexico to the…

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MEJA missed opportunity?
Philip D. Cave

A decorated U.S. Soldier, from the State of Texas, filed suit today in U.S. Federal Court in Washington DC against a British Contractor for injuries sustained during a reckless shooting incident in Iraq. Former U.S. Army Sergeant Kadim Alkanani is suing London-based Aegis Defence Services Limited, for an incident on June 3, 2005, in which…

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MEJA prosecution news.
Philip D. Cave

Aquitted Camp Pendleton Marine waiting to “take back his own life“ This story is in the Valley News, by Paul Young. One year ago today, in a precedent-setting trial in Riverside, former U.S. Marine Sgt. Jose Luis Nazario was acquitted of charges he unlawfully killed enemy combatants in Iraq. Now, the ex-serviceman is waiting for…

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No trial for Chessani, BOI pending.
Philip D. Cave

L.A. Now: Marines will not seek to reinstate charges against top officer in Haditha killings August 28, 2009 | 1:11 pm The Marine Corps has decided not to seek to reinstate criminal charges against a former battalion commander at Camp Pendleton for a 2005 incident in which his troops killed 24 civilians in Haditha, Iraq.…

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More on accused’s who go UA/AWOL after findings but before sentencing.
Philip D. Cave

Detention policy questioned after soldier’s escape By Steve Mraz and Seth Robbins, Stars and Stripes Mideast edition, Friday, August 28, 2009 Army officials are investigating how a Special Forces soldier was able to simply disappear last week, a few hours after his conviction for the kidnapping and sexual assault of a German woman. Kelly A.…

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Missed CAAF filing deadlines.
Philip D. Cave

Readers will remember that there is a great deal of talk and decision making about cases where an appellant has failed to file his or her petition for review with CAAF in a timely manner. Here is a link to CAAFLog for a history of the discussions. CAAF determined that the filing deadline is jurisdictional…

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