Hometown Annapolis reports: Evidence against a midshipman charged with raping a classmate was strong enough to warrant a court-martial, Naval Academy officials said Tuesday. Military.com reports on a rather lugubrious incident at Fort Lee. The Air Force is investigating a photo that appeared online depicting Airmen posing with an open coffin that contains another Airman…
Continue reading ›United States v. Moore, decided 28 October 2010. Appellant alleges, inter alia, that assault with intent to commit rape is not a lesser-included offense of rape under United States v. Jones, 68 M.J. 465 (C.A.A.F. 2010) and that his conviction should be set aside. We agree, and provide relief in our decretal paragraph. Because we…
Continue reading ›Trial is scheduled to begin 8 December 2010 at Fort Bragg. The Judge has decisions pending on a suppression motion and a motion to dismiss an attempted rape charge for failure to state an offense. As FayObserver ‘observes:’ Spc. Aaron M. Pernell, 23, of Tulsa, Okla., is charged by military authorities with attempted rape, two…
Continue reading ›Melanie O’Brien’s thesis for her PhD at Nottingham Univ. is online. National & International Criminal Jurisdiction Over United Nations Peacekeeping Personnel for Gender-Based Crimes Against Women. This thesis seeks to determine the most effective jurisdiction for criminal accountability for UN peacekeeping personnel who engage in sexual exploitation and abuse of women, and other conduct amounting…
Continue reading ›The Air Force Court of Criminal Appeals has issued an opinion in United States v. Hull. The issues on appeal are: whether the staff judge advocate (SJA) erred by advising the convening authority (CA), pursuant to Rule for Courts-Martial (R.C.M.) 1106, that no new trial was warranted and whether the CA erred by failing to…
Continue reading ›In the United States v. Jones the facts cited by the court show a consent defense. However the defense counsel did not request an instruction on the affirmative defense and the military judge did not give one. There being no evidence of an affirmative waiver the findings and sentence were set aside. A military judge…
Continue reading ›United States v. Ruiz should sound familiar to most defense counsel – the basic facts that is. An adultery case becomes a rape allegation. In particular I recommend: Reporting the Alleged Rape On the night of the alleged rape, after returning to the barracks, AN P did not report the rape or tell anyone what…
Continue reading ›FayObserver reports that: A Fort Bragg soldier accused of rape and break-ins on post, as well as in Cumberland County, is due in court Wednesday for an arraignment hearing. Aaron M. Pernell, 22, of Tulsa, Okla., is charged by the military with two counts of rape, one count of attempted rape, one count of assault…
Continue reading ›Air Force Times reports that: Inexperienced operators of a U.S. drone ignored or downplayed signs that Afghan civilians were in a convoy blasted in a deadly American missile attack earlier this year, a military report released Saturday said. While Washington Post reports that: In a memo accompanying the military report, McChrystal said four senior officers…
Continue reading ›recordonline.com reports that: United States Military Academy cadet has been convicted of rape in military court. The judge in the court-martial has found Cadet Kyle C. Newman guilty on one charge of rape and one count of indecent conduct. Newman was facing court-martial on two counts of rape and one count of indecent conduct. He…
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