Articles Posted in court-martial

Takepart notes: Of course, Robinson didn’t begin his fight for equal rights overnight. While enlisted, Robinson was court-martialed for refusing to sit at the back of the bus — eleven years before Rosa Parks. Faced with multiple offenses, including public drunkenness (even though Robinson did not drink), the UCLA standout was acquitted of all charges…

Navy. 1. United States v. Curry. This is a BAH case. The Government proceeded on a theory of a fraudulent marriage as a basis to commit larceny by trick. The court held oral argument in this case and specified two additional issues to the parties.2 Additional pleadings were later filed. After carefully considering the record…

KPLU News reports. Key pieces of evidence were lost or never collected in the case of five Washington-based soldiers charged with murdering Afghan civilians. That emerged Tuesday in an evidentiary hearing against the alleged ringleader – Staff Sgt. Calvin Gibbs.

Courtesy of Army Times, here is a link to, “Fort Hood Army Internal Review Team: Final Report.”

United States v. Brown is a good reminder of waiver of motions in pretrial agreements. The typical waiver is that the accused will “waive all waivable motions.” This seems something of an oxymoron. The provision is consistent with the idea that all nonjurisdictional motions are waived on a guilty plea unless there is a conditional…

Misc. No. 11-8009/MC. Frank D. WUTERICH, Appellant v. David L. Jones, Lieutenant Colonel, United States Marine Corps, in his capacity as Military Judge, and United States, Appellees. CCA 200800183. Notice is hereby given that a writ-appeal petition for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals on application for…

The September Army Lawyer is online. There are five articles of interest to MJ practitioners. Army Review Boards and Military Personnel Law Practice and Procedure, this is by Jan Serene, he is a master of these issues so civilian practitioners can gain some good insight here. Non-Deployable: The Court-Martial System in Combat from 2001 to…

Thanks to Sentencing Law & Policy: PBS Frontline has been giving lots of attention to criminal justice systems this fall. . . . This week Frontline will broadcast a new documentary “The Confessions,” which examines the case of the “Norfolk Four” involving a quartet of Navy men who were wrongfully convicted after being coerced into…

My good friend Bill Cassara and I have done a lot of BAH/TCS fraud cases at court-martial under the UCMJ over the years. Typically the case involves a lot of documents from DFAS. The prosecution then calls a witness from DFAS to lay a foundation for the documents and then has the witness testify as…

Here is an upublished opinion in the Court of Appeals, First Circuit, State of Louisana, in State v. Davis. Note, this case was a court-martial tried under the Louisiana Code of Military Justice (a National Guard case). La. R.S. 29:101-242, applies to all members of the state military forces when not subject to the Uniform…