Articles Posted in air force

Government “appeals”
Philip D. Cave

When the government does not like the decision of a Court of Criminal Appeals–because it favors the Appellant, the Government has an automatic “appeal.” It’s called certifying the issue. This is an example of unfairness and discrimination in the appellate process which military defense lawyers are well aware of. So, how does that work. The…

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Up periscope
Philip D. Cave

FayObserver reports. A federal judge has granted a third request for additional time to file a brief in an appeal for Timothy Hennis. Janes has a report on the USS SAN ANTONIO court-martial — Defect-ridden USS San Antonio should not have sailed, court martial told The court martial of a US Navy officer accused of…

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Up periscope
Philip D. Cave

NWA Online reports that: A Little Rock Air Force Base airman lost his stripes Friday and was ordered to jail for a month after being found guilty of assault for whipping his stepdaughter with a belt and an extension cord, but the military court stopped short of kicking him out of the service. KWCH News…

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AFCCA denies a new trial
Philip D. Cave

The Air Force Court of Criminal Appeals has issued an opinion in United States v. Hull. The issues on appeal are: whether the staff judge advocate (SJA) erred by advising the convening authority (CA), pursuant to Rule for Courts-Martial (R.C.M.) 1106, that no new trial was warranted and whether the CA erred by failing to…

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Up periscope
Philip D. Cave

This is the 12th day that APF, LTC Lakin’s support site, has failed to post the military judge’s findings and conclusions, and advertises as “Breaking News,” “Judge to Rules (sic) . . ..” SFExaminer.com reports: A Fort Stewart soldier charged with killing two members of his Army unit in 2008 is due back in court…

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Up periscope
Philip D. Cave

Army Times reports that: An Army captain from Colorado charged with killing two Iraqi civilians has been convicted of lesser charges in Iraq. Military officials say Capt. Carl Bjork was found guilty of reckless endangerment and negligent homicide in a general court-martial on Tuesday. He was reprimanded and will lose a third of his salary…

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Speedy trial
Philip D. Cave

Allen v. United States Air Force, No. 08-3450 (8th Cir. 7 May 2010). Joseph Allen served in the United States Air Force (Air Force) for more than twenty years, from January 14, 1985, until September 30, 2006, when he voluntarily retired and received an Honorable Discharge. During his service, on February 18, 2004, the Air…

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Up periscope WE 090510
Philip D. Cave

The Capital reports that: Standout slotback Marcus Curry, whose off-field behavior drew as much attention as his on-field exploits, has been dismissed from the Naval Academy football team. Curry was charged with an unauthorized absence for failing to be in his dormitory room in Bancroft Hall when required. The Capital reported in late January that…

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DADT case
Philip D. Cave

Stars & Stripes reports. Reversing an earlier decision, the Air Force said Monday it intends to discharge a lesbian Air Force officer who had remained in the military despite openly declaring her homosexuality. An Air Force general earlier this year concluded that Lt. Robin R. Chaurasiya should not be discharged, saying she had declared her…

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AF annual drug warning
Philip D. Cave

I’m not sure why, but it seems the Air Force must have a checklist of annual warnings. The official website makes one about prescription drugs, entitled: Prescription meds: Proceed with caution. The caution advises that misuse of prescription medications can result in disciplinary action, including court-martial. When Airmen ignore inspecting their medicine cabinets they risk…

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