When the government does not like the decision of a Court of Criminal Appeals–because it favors the Appellant, the Government has an automatic “appeal.” It’s called certifying the issue. This is an example of unfairness and discrimination in the appellate process which military defense lawyers are well aware of. So, how does that work. The…
Continue reading ›On December 6, 2023, the Secretary of the Army, Ms. Christine Wormuth, fired Brigadier General (BG) Warren Wells, the Army’s chief prosecutor and head of the Office of the Special Trial Counsel (OSTC), for an email he had sent ten years prior while in a defense counsel role. This firing demonstrates that no military defense…
Continue reading ›I posted before about the CO of USS OHIO being detached for cause and the number of Navy CO’s DFC’d this year. Now Navy Times has obtained a copy of documents related this case which appears to include a copy of the command investigation. The arrival of a birthday card in the ship’s mail addressed…
Continue reading ›NMCCA has released a number of decisions. Several have providency issues and issues not raised by appellate counsel. United States v. Messias. The court set-aside a finding of guilty to because of an inadequate providence inquiry. No sentence relief granted. While the providence inquiry establishes facts sufficient to demonstrate that the appellant drove on base…
Continue reading ›CAAFLog blogged a while back about the declining numbers in Courts-Martials held. Navy Times reports this as a possible explanation for lower Navy numbers: The overall number of sailors facing courts-martial has dropped dramatically during the past several years, Navy records show. General courts-martial for the most serious offenses have fallen by nearly half, from…
Continue reading ›In United States v. Serianne __ M.J. ___ (C.A.A.F. 2010), CAAF affirmed NMCCA’s dismissal of a charge that Chief Serianne failed to inform his command of a civilian conviction. Here is a link to the en banc opinion on an Article 62(b) interlocutory appeal by the government in Serianne, at NMCCA. On its face the…
Continue reading ›Gazette.com reports that: An Army prosecutor Tuesday opened the trial of an Iraq war veteran by accusing him of the “ultimate betrayal” — raping a comrade’s wife. Spc. Philip C. Vermeiren, 28, is accused of assaulting the woman early Oct. 31 during an alcohol-fueled party at the Fort Carson apartment she shared with her husband.…
Continue reading ›Army Times reports.The Army says a soldier who returned to a hero’s welcome in Wisconsin misrepresented his rank, badges and the origin of his injuries. FayObserver reports: The 11th juror was provisionally seated in the court-martial of Army Master Sgt. Timothy B. Hennis on Wednesday. The court-martial, a capital murder trial, needs a minimum of…
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