Articles Posted in court-martial

There has been quite a bit of discussion recently of waiving appellate review as part of a pretrial agreement. Here is a timely article from the ABA about this important topic (thanks to Sentencing Law & Policy for the link). Ellis & Bussert, Stemming the Tide of Postconviction Waivers, 25 (1) Crim. Justice, Spring 2010,…

The advice to an accused about sexual offender registration is complicated. Cases such as Williams v. Lee and Keathley, No. ED 93827, from the Court of Appeals of Missouri, Eastern District, Division Five, decided May 4, 2010. This is a retroactivity case. On February 5, 2000, Williams pled guilty in a military tribunal to one…

United States v. Roach has been returned to AFCCA for a second time. Initially the case was sent back because appellant’s case was decided before his counsel submitted a brief, and because the chief judge on his panel had made some public comments relating to the case. This time the case goes back because the…

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…

Blogger Rainier4311 has a piece on LTC Lakin which is critical of Anderson Cooper’s interview. Regardless of the merits of the interview, the piece contains some interesting and uninformed comments on the military legal system. This Article 138 discovery process must be done. LTC Lakin now has the right to discovery based on the Articles…

The American Academy of Forensic Sciences has made some recommendations to Congress for legislation to reform forensic laboratories that obtain federal funds directly or through an organization (such as DoD) that receives federal funding. Preliminary Outline of Draft Forensic Reform Legislation – 5/5/10. Thanks GR. In addition, Innocence Project announces that: The American Statistical Association…

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…

New York Post reports that: If she can’t have justice for her slain soldier husband, she’d at least like a Purple Heart. New York widow Barbara Allen is battling the National Guard for withholding the military honor from her husband, who was killed in 2005 while serving in Iraq. The two men were allegedly the…

Obama Conspiracy Theories blog has this comment on the CNN LTC Lakin interview: Paul Jensen, tried to imply things that were false by clever irrelevancies and innuendo, but he told one outright whopper: In the state of Hawaii there’s a statute that allows anyone born outside the state of Hawaii, including in a foreign country,…

LTC Lakin has made his CNN appearance. Courtesy of Dwight “ML” Sullivan and CAAFLog, here is a link. Like DMLS I found the comment about protecting the client somewhat odd in light of counsel’s apparent involvement in producing the video which has in effect become LTC Lakin’s public confession of an “intent” to refuse orders.…