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        <title><![CDATA[san diego - Philip D. Cave]]></title>
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                <title><![CDATA[Up periscope]]></title>
                <link>https://www.court-martial.com/blog/up-periscope-84/</link>
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                <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>
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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>


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            <item>
                <title><![CDATA[Coast Guard small boat collision]]></title>
                <link>https://www.court-martial.com/blog/coast-guard-small-boat-collision/</link>
                <guid isPermaLink="true">https://www.court-martial.com/blog/coast-guard-small-boat-collision/</guid>
                <dc:creator><![CDATA[Philip D. Cave]]></dc:creator>
                <pubDate>Mon, 04 Oct 2010 23:43:12 GMT</pubDate>
                
                    <category><![CDATA[Up Periscope]]></category>
                
                
                    <category><![CDATA[ap]]></category>
                
                    <category><![CDATA[coast guard]]></category>
                
                    <category><![CDATA[san diego]]></category>
                
                    <category><![CDATA[sandiego6]]></category>
                
                
                
                <description><![CDATA[<p>AP reports: A U.S. Coast Guard investigating officer has found no legal justification for the deadly collision of a Coast Guard boat with a smaller vessel in San Diego Bay that killed an 8-year-old boy, the Los Angeles Times reported Monday. San Diego 6 reports: [The] investigating officer has rejected claims by three crew members&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>AP reports:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
A U.S. Coast Guard investigating officer has found no legal justification for the deadly collision of a Coast Guard boat with a smaller vessel in San Diego Bay that killed an 8-year-old boy, the Los Angeles Times reported Monday.

 </p>
</blockquote>


<p>San Diego 6 reports:</p>


<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p> 
[The] investigating officer has rejected claims by three crew members that mechanical defects, poor training and lax leadership were responsible for a boat collision on San Diego Bay that killed an 8-year-old Rancho Penasquitos boy, according to an online report.

 </p>
</blockquote>


<p>Also, it appears the report has been leaked because the Coast Guard PAO says it has not been publicly released; which makes sense.</p>


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