Not sure where to place this but: No. 10A56 Title: Orly Taitz, Applicant v. Thomas D. MacDonald, Colonel Garrison Commander, Fort Benning, et al. Docketed: Lower Ct: United States Court of Appeals for the Eleventh Circuit Case Nos.: (09-15418) ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ Jul 8 2010 Application (10A56) for a stay, submitted to Justice Thomas.
Continue reading ›Oh, For Goodness Sake blog is reporting that Orly Taitz is now assisting in LTC Lakin’s defense? A posting at A Natural Born Citizen . . . Orly? appears to indicate that one of Orly Taitz’s blogs has been taken over – I think by aliens. Oh man what a pun. She does have some…
Continue reading ›Coast Guard reports indicates that: Rear Adm. Gary T. Blore, commander of the Thirteenth Coast Guard District, has relieved Capt. Fredrick G. Myer from his duties as commander of U.S. Coast Guard Sector Portland, Ore., Friday, citing alleged misconduct due to a violation of military regulations, specifically unauthorized use of a government computer. Specifically, Capt.…
Continue reading ›Introducing evidence or refreshing recollection? TC: May I approach the witness? MJ: Yes. TC: I’m handing prosecution exhibit 3 to the witness, please look at that. DC: Can we see that first please? TC: Your honor we gave a copy of this to the defense in discovery. DC: Your honor such a comment is improper…
Continue reading ›A constant frustration – how to impeach (and typically with the book is sitting there on counsel table). Complaining Witness: Blah, blah, blah. Defense counsel: Now Ms. Complaining Witness you received an Article 15 . . . . (“Objection,” – “Sustained.” [DC looks at judge with a ‘what did I just do’ attitude.]). NO, wrong.…
Continue reading ›I previously posted about an Army decision to rescind GOMR’s for several officers involved in the Wanat event. [Military to open new investigation into battle that killed nine soldiers, and here.] Here are links to a two parter by Tom Ricks on Wanat in Foreign Policy: The families respond I Several relatives of soldiers killed…
Continue reading ›From on the road. Marine Corps Times has this survey. Does “drop and give me 20” cut it? Or does he warrant a tougher punishment — maybe standing at parade rest for hours at a time, or spending all night cleaning the barracks? Or would that be considered hazing? Military.com has this piece which I…
Continue reading ›Your client is charged with burglary, theft, and false official statement. You call a good Sailor witness. The witness testifies. Imagine the questions I asked in MJ Summer Camp I, or just as easily that there has been no prior impeachment cross-examination. Trial counsel: LTC Witness, does a good Sailor commit burglary? No. Trial counsel:…
Continue reading ›United States v. Ruiz should sound familiar to most defense counsel – the basic facts that is. An adultery case becomes a rape allegation. In particular I recommend: Reporting the Alleged Rape On the night of the alleged rape, after returning to the barracks, AN P did not report the rape or tell anyone what…
Continue reading ›Here is an interesting Order in United States v. Aguilar where the court has specified an issue. Whether assault consummated by a battery in violation of Article 128, UCMJ, 10 U.S.C. § 928, of which the appellant was convicted, is a lesser included offense of the charged Rape by Use of Physical Violence in violation…
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