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        <title><![CDATA[fayetteville observer - Philip D. Cave]]></title>
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        <description><![CDATA[Philip D. Cave's Website]]></description>
        <lastBuildDate>Wed, 15 Jul 2026 16:45:09 GMT</lastBuildDate>
        
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            <item>
                <title><![CDATA[Up periscope]]></title>
                <link>https://www.court-martial.com/blog/up-periscope-84/</link>
                <guid isPermaLink="true">https://www.court-martial.com/blog/up-periscope-84/</guid>
                <dc:creator><![CDATA[Philip D. Cave]]></dc:creator>
                <pubDate>Thu, 07 Oct 2010 02:01:45 GMT</pubDate>
                
                    <category><![CDATA[Up Periscope]]></category>
                
                
                    <category><![CDATA[coast guard]]></category>
                
                    <category><![CDATA[daemonstv]]></category>
                
                    <category><![CDATA[fayetteville observer]]></category>
                
                    <category><![CDATA[good wife]]></category>
                
                    <category><![CDATA[hennis]]></category>
                
                    <category><![CDATA[john diamond]]></category>
                
                    <category><![CDATA[paul ramos]]></category>
                
                    <category><![CDATA[penasquitos]]></category>
                
                    <category><![CDATA[san diego]]></category>
                
                    <category><![CDATA[theer]]></category>
                
                    <category><![CDATA[witchata eagle]]></category>
                
                
                
                <description><![CDATA[<p>AP reports: Two women testified at a military hearing Tuesday that they would not have had sex with an airman had they known he was HIV positive, and one said she believed him when he said he wasn’t because he was in the Air Force. Professor Friedman has put up the transcript of argument in&hellip;</p>
]]></description>
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<p>AP reports:
</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>Two women testified at a military hearing Tuesday that they would not have had sex with an airman had they known he was HIV positive, and one said she believed him when he said he wasn’t because he was in the Air Force.</p>
</blockquote>


<p>
Professor Friedman has put up the transcript of argument in <em>Michigan v. Bryant</em>, a <em>Crawford</em> case.</p>


<p>Law.com has this item about prosecutorial misconduct cases in California.
</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>Only a tiny percentage of prosecutors who engaged in misconduct were disciplined by the State Bar of California during a 12-year period, according to a report released Monday.</p>
</blockquote>


<p>
Fayobserver.com reports:
</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>The Army has opposed an attempt by a former Fort Bragg soldier to have a military appeals court review his 2001 murder conviction.

John Diamond, who was a staff sergeant when convicted in August 2001 of first-degree murder in the death of Air Force Capt. Marty Theer, is seeking a new trial and says the lawyers who represented him at his court-martial had a conflict of interest.</p>
</blockquote>


<p>
Signonsandiego reports:
</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>The Coast Guard petty officer piloting the boat that killed an 8-year-old Rancho Penasquitos boy will face a general court-martial, while his two fellow crew members get lesser trials that mean a year or less in jail if convicted.

The Coast Guard is now focusing the brunt of its prosecution on Petty Officer 1st Class Paul A. Ramos, 21, who will be tried at a general court-martial on charges of involuntary manslaughter, negligent homicide, aggravated assault and several lesser counts.</p>
</blockquote>


<p>
LA Times reports:
</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>Three Coast Guard petty officers will be court-martialed for a 2009 fatal collision in San Diego Bay, the Coast Guard announced Wednesday.

A fourth Coast Guard member will face a nonjudicial punishment process.</p>
</blockquote>


<p>
Daemonstv.com shows that hollywood can mimic real life.</p>


<p>Think Hennis?  Think other cases, certainly I’ve had a couple that fit this bill as have my colleagues.
</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>The cases on The Good Wife are always excellent; clever, unsentimental, often humorous. This week Alicia and Will went to court martial defending a soldier accused of murdering his wife. This was all thanks to Cary, who lost the case at state trial and called up a friend in JAG to retry the accused.</p>
</blockquote>


<p>
The Witchata Eagle reports:
</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>A decision likely will be made in about two weeks about whether a McConnell Air Force Base sergeant accused of having sex without disclosing his HIV-positive status should face a court-martial.

Tech. Sgt. David Gutierrez did not make a comment today during his Article 32 hearing, which is similar to a grand jury proceeding.</p>
</blockquote>


<p>
And no, it’s not similar to a grand jury.  Unfortunately that erroneous comparison remains in the media lexicon.</p>


]]></content:encoded>
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            <item>
                <title><![CDATA[Up periscope]]></title>
                <link>https://www.court-martial.com/blog/up-periscope-64/</link>
                <guid isPermaLink="true">https://www.court-martial.com/blog/up-periscope-64/</guid>
                <dc:creator><![CDATA[Philip D. Cave]]></dc:creator>
                <pubDate>Thu, 19 Aug 2010 21:34:20 GMT</pubDate>
                
                    <category><![CDATA[Up Periscope]]></category>
                
                
                    <category><![CDATA[ap]]></category>
                
                    <category><![CDATA[dahlonega nugget]]></category>
                
                    <category><![CDATA[fayetteville observer]]></category>
                
                    <category><![CDATA[hennis]]></category>
                
                    <category><![CDATA[military.com]]></category>
                
                    <category><![CDATA[north georgia soldiers]]></category>
                
                
                
                <description><![CDATA[<p>WOKV.com reports: The NASA astronaut who made international headlines after attacking a romantic rival with pepper spray at the Orlando International Airport in 2007 spent Thursday in a military courtroom at Naval Air Station Jacksonville. The government is asking a Navy review board to recommend discharging Captain Lisa Nowak and reduce her rank and pay&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>WOKV.com reports:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
The NASA astronaut who made international headlines after attacking a romantic rival with pepper spray at the Orlando International Airport in 2007 spent Thursday in a military courtroom at Naval Air Station Jacksonville.

  
The government is asking a Navy review board to recommend discharging Captain Lisa Nowak and reduce her rank and pay grade.

 </p>
</blockquote>


<p>AP reports that:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
Federal safety investigators revealed Wednesday that crew members aboard two Coast Guard boats involved in collisions in California and South Carolina last year were using wireless devices for conversation or text messaging unrelated to vessel operations. The collisions killed one person and injured 10.

 </p>
</blockquote>


<p><a>Fayetteville Observer have a short piece on Hennis</a>:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
Lawyers handling Timothy Hennis’ federal appeal will have additional time to file documents on whether the Army had jurisdiction to convict him of three murders.

 </p>
</blockquote>


<p><u>From time to time a client or the family members want to know how the military can prosecute someone for civilian charges.  It happens</u>.</p>


<p><a href="https://www.military.com/daily-news" rel="noopener noreferrer" target="_blank">Military.com reports</a>:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
Once the civilian justice system is done with three North Georgia Soldiers accused of throwing military explosives at a crowd, they may still have to answer to the military.

 </p>
</blockquote>


<p>And here’s a little more detail from the Dahlonega Nugget:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
Three local men enlisted in the U.S. Army at Camp Frank D. Merrill in Dahlonega are facing a slew of felony charges, including domestic terrorism, after allegedly tossing explosive devices into a crowd of people over the weekend. No one was injured in the random attack, which occurred in the Ingles parking lot near the busy intersection of highways 400 and 53 in Dawsonville.

 </p>
</blockquote>


<p><a href="https://www.military.com/daily-news?col=1186032325324" rel="noopener noreferrer" target="_blank">Military.com also reports</a>:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
Usually, the military sends press releases to the hometown newspapers of a new enlistee. But in an unusual step, the Air Force is preparing to issue a press release aimed at the national media announcing that someone has actually not joined up.

 
The move was prompted by an Aug. 3 report in the New York Daily News that Melissa Weber of Long Island, a former teacher convicted last year of having sex with a 14-year-old student, had joined the Air Force to be trained as a nurse.

</p>
</blockquote>


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