Articles Posted in coast guard

Coast Guard boating collision update 3
Philip D. Cave

San Diego Online has this short piece on the Coast Guard boating case and the ongoing Article 32, UCMJ, hearing which began today. Lawyers for the driver of a Coast Guard boat that killed an 8-year-old San Diego boy in December said the Coast Guard is prosecuting Petty Officer 3rd Class Paul Ramos in order…

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Coast Guard boat crash update
Philip D. Cave

San Diego online reports: Three San Diego Coast Guard boat crew members will face the military version of a preliminary hearing beginning Tuesday for the Dec. 20 crash that killed an 8-year-old Rancho Peñasquitos boy. The top charge, involuntary manslaughter, is against Ramos. Howell and Rasmussen are charged with negligent homicide. Coast Guard officials have…

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Coast Guard certified issues to CAAF
Philip D. Cave

The Coast Guard has certified the following issues to CAAF. No. 10-6010/CG. U. S., Appellant v. ANDREW L. DALY, Appellee. CCA 001-62-10. Notice is hereby given that a certificate for review of the decision of the United States Coast Guard Court of Criminal Appeals was filed under Rule 22 on this date on the following…

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Newby decided at CGCCA
Philip D. Cave

United States v. Newby has been decided and has a reminder for trial defense counsel. The military judge made a clemency recommendation. The SJAR failed to note the clemency recommendation. The TDC failed to comment on the SJAR failure. Phew! And here’s why. Before this court, Appellant has assigned as error that Appellant was prejudiced…

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Coast Guard collision
Philip D. Cave

Coast Guard News reports: Criminal charges ranging from involuntary manslaughter to dereliction of duty have been preferred by the Coast Guard against four boat crewmembers from Coast Guard Station San Diego in connection with a fatal collision between one of the station’s patrol boats and a civilian vessel in San Diego Bay late last year.…

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CGCCA affirms judge on an Article 62 appeal
Philip D. Cave

United States v. Daly. Initially the accused was charged with violating a CG Personnel Manual regulation (about personal relationships) under Article 134, UCMJ. After some discussion of preemption issues (Dwight-san?), the charge was amended to remove the violation of a lawful order language. Then the defense challenged the charge on the basis of failure to…

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Post-trial delay
Philip D. Cave

The CGCCA has issued a per curiam opinion in United States v. Sapp., a SPCM tried at U.S.C.G. Training Center Yorktown. Before this court, Appellant has assigned two errors: (1) This court should consider the unreasonable and unexplained post-trial delay in determining the sentence that should be approved under Article 66(c); and (2) the promulgating…

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Up periscope
Philip D. Cave

1. What ever happened to the Coast Guard O-6 in Alaska pending GCM for a host of offenses. The former Coast Guard Sector Anchorage Commander was awarded the maximum allowable punishment at an Admiral’s Mast Friday and will retire on July 1 in the grade of lieutenant with a general discharge in lieu of trial…

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Up periscope
Philip D. Cave

eNews Park Forest reports. Last August, Travis Bishop refused to serve in Afghanistan. Having filed for Conscientious Objector (CO) status, Bishop, based at Fort Hood, Texas, in the US Army’s 57th Expeditionary Signal Battalion, was court-martialed and sentenced to 12 months in a military brig. He was released from the brig today. Bishop served his…

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Coast Guard CCA sets-aside United States v. Bond
Philip D. Cave

United States v. Bond. Before this court, Appellant has assigned the following errors: I. The military judge erred when he denied the defense motion to dismiss Charges I and III for prior jeopardy. II. An unsuspended bad-conduct discharge is an inappropriately severe punishment for the crimes of which Appellant was convicted. III. Appellant’s Fifth and…

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