Articles Posted in UCMJ

Fricke dead, case still good law
Philip D. Cave

Navy Times reports: A former Navy officer who was serving time for hiring someone to kill his wife was killed in a Kansas military prison a month before he was supposed to be released. Officials at Fort Leavenworth say 54-year-old former Navy Lt. Cmdr. Michael Fricke was beaten with a baseball bat by another inmate…

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Some quick reminders about guilty pleas and such
Philip D. Cave

There’s something for everyone out of a number of Navy and Coast Guard cases. Defense Counsel. When the military judge wrongly announces a sentence which will inure to your client’s benefit, generally you should keep you mouth shut. But, once you get the SJAR, double check the SJAR against the record. See United States v.…

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Newby decided at CGCCA
Philip D. Cave

United States v. Newby has been decided and has a reminder for trial defense counsel. The military judge made a clemency recommendation. The SJAR failed to note the clemency recommendation. The TDC failed to comment on the SJAR failure. Phew! And here’s why. Before this court, Appellant has assigned as error that Appellant was prejudiced…

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USS Indianapolis
Philip D. Cave

The News-Gazette reports an excerpt from the Congressional Record about the sinking of the USS Indianapolis and the subsequent court-martial of the commanding officer for the loss of his ship. The ship was sunk on 30 July 1945. The ultimate (b) SENSE OF CONGRESS.–(1) It is the sense of Congress, on the basis of the…

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Up periscope
Philip D. Cave

I previously posted about this but here is a more detailed Navy Times report about CSM Crump, formerly of WRAMC. A former command sergeant major at Walter Reed Army Medical Center fired for allegedly faking his record and wearing unauthorized awards and decorations faces military discipline for a series of bold deceptions that span several…

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Up periscope 55
Philip D. Cave

News8 reports that: In a court martial trial that concluded after a panel’s deliberations stretched into the early hours of Saturday morning at Andrews Joint Base, a local Airman First Class was found not guilty of the charges brought against him. As ABC 7 News reported last week, the charges were brought against A1C Marvin…

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Humor in uniform lawyering
Philip D. Cave

This report from Savannah.now questions why expert payments within the 3ID claimancy take so long. The military judge also questioned why experts for the defense continue to have difficulties obtaining payments for work done on Bozicevich’s behalf as attorneys prepare for a February 2011 capital court-martial trial. The humor is that this is neither a…

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Do Rodriguez and Gilbride mean anything?
Philip D. Cave

United States v. Foisy, __ M.J. __, No. NMCCA 201000026 (N-M. Ct. Crim. App. July 20, 2010). (Thanks to an early posting of the decision by CAAFLog.) Rodriguez and Gilbride deal with Mil. R. Evid. 304(h)(2) rule of completeness. Mil. R. Evid. 304(h)(2) is a longstanding rule of completeness pertaining to confessions introduced against an…

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Up periscope
Philip D. Cave

From on the road. Air Force Times reports that: Air Force officials are investigating the Wisconsin National Guard’s top commander. Air Force press officials didn’t immediately respond Monday to requests for information on what prompted the Air Force Inspector General’s inquiry into Brig. Gen. Donald Dunbar or what it entails. WRAL.com reports that: The trial…

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