Articles Posted in UCMJ

Here is a piece by Eric R. Carpenter, an Army judge advocate. Applying the Capital Jury Project Findings to Court-Martial Practice, Army CGSC, Fort Leavenworth, 11 June 2010.

Navy Times reports: Second Lt. Douglas Sofranko has spent the last year impressing his fellow soldiers in the Florida Army National Guard with stories of his days as a Navy SEAL, while proudly wearing the distinctive Trident insignia on his Army uniform. He even had the SEAL Creed hung on the wall of his office.…

Navy Times reports: Big Navy is trying to work around a recent military court decision striking down a fleet-wide rule forcing sailors to report any drunken-driving or other civilian arrests to their command. Navy Secretary Ray Mabus revised a high-level Navy regulation July 20 in response to the case of a chief who claimed the…

I’m aware of one case in the military where the NCIS used GPS tracking (after getting a warrant). Fourthamendment.com recommends: The D.C. Circuit held on Friday that a warrant is needed for prolonged GPS surveillance, recognizing People v. Weaver from New York and limitingKnotts. [This is a highly important decision. Every criminal and constitutional lawyer…

On 28 July 2010, ACCA issued a memorandum opinion and decision for the government appeal in United States v. Kirk, ARMY MISC 20100443 (A. Ct. Crim. App. 28 July 2010). At trial the accused blew providency on an AWOL plea. The prosecution decided they wanted to go forward on the desertion. As part of the…

World News Daily has this report: At the conclusion of the arraignment, Lakin was ordered not to speak with the press and was taken back to Reed under military escort, surprising and disturbing a civilian lawyer who has been working on his case. “This was completely inappropriate. Col Lakin was brought here and taken away…

I had to go to the bank, pet store, and commissary today so I stopped off to watch the arraignment. There was a standard R.C.M. 802 conference. The Army script was followed. LTC Lakin exercised his right to retain MAJ Kemkes and Mr. Jensen, and did not ask for IMC. LTC Brodsky was present as…

The Boston Globe reports: The Department of Defense is investigating whether 80 wounded American service members in Iraq were improperly used as subjects in a test of a possible treatment for brain injuries, according to the Pentagon’s Office of Inspector General. In addition to the defense investigation, the US Navy is conducting an inquiry into…

Lot here today. Catching up after a contested trial at Fort Bragg. I’ll update the Lakin page after today’s “events.” Kate Wiltrout reports the retrial of Richard Mott at NOB, NorVA. Almost two years after a Navy judge found Seaman Richard Mott guilty of attempted premeditated murder and sentenced him to 12 years in prison,…

Here is a piece from Kitsap Sun: A doctor who is being expelled from the Navy was charged by Kitsap County prosecutors Thursday with failing to register as a sex offender, according to attorneys familiar with the case. State law requires people convicted of certain sex crimes to register as sex offenders within three days…