Two officers accused of stealing stealing classified material from an underground missile launch facility at Minot Air Force Base in North Dakota have been allowed to resign rather than face courts-martial, the military said Wednesday. A hearing was held in September 2008 to determine whether Borowiecki would face a trial. A supervisor. Capt. David Walbeck,…
Continue reading ›County authorities have dismissed charges and turned over to the Air Force their investigation of an airman accused of fatally shooting a buddy during a game of “Trust” at an off-base apartment. Air Force Times reports., that there will be a court-martial instead of a civilian trial.
Continue reading ›Fifty State Survey of Adult Sex Offender Registration Laws Brenda V. Smith American University – Washington College of Law; American University – NIC/WCL Project on Addressing Prison Rape August 1, 2009 Abstract: This publication is part of a larger scholarly project and one in a series that aims to create a “legal toolkit” for addressing…
Continue reading ›Jenny Roberts, Ignorance Is Effectively Bliss: Collateral Consequences, Silence, and Misinformation in the Guilty-Plea Process, 95 IOWA L. R. 119 (2009). ABSTRACT: In the 2009–2010 term, the U.S. Supreme Court will decide if it matters whether a criminal defense lawyer correctly counsels a client about the fact that the client faces deportation as a result…
Continue reading ›Here is a link to today’s oral argument in Briscoe v. Virginia, the post Crawford and Melendez-Diaz case. While I’m not convinced the decision will have much meaning in military cases, there are others who believe it will. So it does behoove us to monitor the case.
Continue reading ›Sentencing Law & Policy (an excellent site) has this post which may be of some interest to those dealing with post-confinement issues. The Third Circuit has today issued an interesting opinion concerning supervised release conditions for a repeat sex offender. The ruling in US v. Heckman, No. 08-3844 (3d Cir. Jan. 11, 2010) (available here),…
Continue reading ›A military judge has decided to move the trial for one of three Navy SEALs accused in connection with the alleged assault of a suspected terrorist to Iraq. Cmdr. Tierney Carlos, the trial judge for the court-martial of Special Warfare Operator 2nd Class (SEAL) Jonathan Elliot Keefe, has agreed with defense motions to move the…
Continue reading ›Here is an interesting piece relevant to a pending court-martial? Tim King, The Fragging of American Officers: Historic Problems and Future Planning, Salem-News.com. What we call fragging the British Navy called “Shot Rolling” after the practice of rolling a cannon ball across the deck for the purpose of injuring an officer. The methods may vary…
Continue reading ›Whether Robert White was injured in Iraq in 2005 and deserved a Purple Heart makes no difference now. The chief hospital corpsman wore the award without receiving it through official channels, and in the Navy’s eyes, that makes him a faker. Marine Corps Times reports. An Army captain at Fort Monroe could face a court-martial…
Continue reading ›Every so often the comes up of impeachment by prior conviction under Mil. R. Evid. 609. The reminder is that: The fact of a pending appeal does not defeat admission, but it may be brought up and discussed. Mil. R. Evid. 609(e). A summary court-martial may not be used to impeach under this rule. There…
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