Articles Posted in UCMJ

North County Times reports: Nearly five years after 24 Iraqi men, women and children were slain by a Camp Pendleton squad as it searched for a roadside bomber, the last man to face criminal charges from the incident is about to go on trial. Wuterich’s trial —- which is scheduled to start Sept. 13 and…

Navy Times reports: A former astronaut who gained notoriety for stalking a romantic rival after driving 900 miles straight from Houston is expected to be discharged from the Navy. A board of inquiry made up of three Navy admirals voted 3-0 Thursday give Navy Capt. Lisa Nowak an “other than honorable” discharge and downgrade her…

In United States v. Darling, ACCA affirmed because appellant could not establish the prejudice prong of an IAC “claim.” This is worth reading for those cases where the accused is found not guilty after a contested case, but during sentencing there is a concession that the accused was actually guilty. For the defense counsel this…

The Coast Guard has certified the following issues to CAAF. No. 10-6010/CG. U. S., Appellant v. ANDREW L. DALY, Appellee. CCA 001-62-10. Notice is hereby given that a certificate for review of the decision of the United States Coast Guard Court of Criminal Appeals was filed under Rule 22 on this date on the following…

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…

World News Daily reports: A reported threat by a senior Army officer to “Taser” another officer on trial for challenging Barack Obama’s eligibility to be president could be a serious “command influence” issue that could taint the case, according to an expert. Here is the Greeley Gazette article referred to: A former Captain in the…

Huffington Post has a piece about MEJA. In the perpetual debate over legal accountability of, and prosecution if necessary, of private military and security contractors one often sees the arguments reduced to two simplistic arguments. PMSC opponents argue the contractors argue in a legal vacuum and with utter impunity. This is, of course, as anyone…

TPMMuckracker his this update, on the alleged “threats” from LTC Brodsky. Late Update: Margaret Hemenway of the American Patriot Foundation told TPM that the account of Brodsky’s comment and Lakin’s response came from Lakin himself. “It’s bizarre,” she added of Brodsky’s “threat,” and “looks very bad.” Hemenway continued that they’re “going to have to wait…

World News Daily has a piece on LTC Lakin and his radio inteview with G. Gordon Liddy. Here are a couple of interesting points from the article. “We are today (12 August 2010) officially requesting that discovery,” Jensen said. “If the government refuses to give it to us, then we will, a week from today,…

Note to file. Don’t spend time gossiping with Dwight while burglars are having their way in your house. It’s not helpful or conducive to a good day and it interferes with blogging. Second note to file: send thank you to ADT (a la USAA) for an efficient alarm system, and note of thanks and donation…