Articles Posted in UCMJ

I was encouraged, and then disappointed [amended]
Philip D. Cave

Now, don’t get discouraged when your being encouraged doesn’t work out. Remember a primary court-room rule: never let them see they’ve hurt you. Not too long ago Judge Vowell was chief in the Army’s First Judicial Circuit. One of her rules of court was that both counsel must comply with Federal Rule of Civil Procedure…

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I’m encouraged, as occasionally I am
Philip D. Cave

In the world of military justice it’s the small things that seem most encouraging at times. So . . . In my standard Article 32, UCMJ, production request (based on R.C.M. 405(f)(9)(10) primarily) or trial discovery demand one of the provisions is this: 3. Declination to Produce or Disclose. a. If any information responsive to…

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Veterans unemployment rates
Philip D. Cave

Air Force (and the other) Times reports: The unemployment rate for veterans rose slightly in June, to 8 percent overall and 11.5 percent for Iraq and Afghanistan-era veterans, a sign that expanding programs aimed at helping veterans find work are not working in a stagnant job market. June employment statistics released Friday by the Labor…

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Coast Guard collision
Philip D. Cave

Coast Guard News reports: Criminal charges ranging from involuntary manslaughter to dereliction of duty have been preferred by the Coast Guard against four boat crewmembers from Coast Guard Station San Diego in connection with a fatal collision between one of the station’s patrol boats and a civilian vessel in San Diego Bay late last year.…

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Ms. Bligh may be soon adrift
Philip D. Cave

Navy Times reports that: The former cruiser skipper who was relieved of command in January after years of “cruelty and maltreatment” toward her crew will be required to show a Navy board why she should continue her career, a Navy spokesman said Thursday. Capt. Holly Graf, who was fired as commanding officer of the Yokosuka,…

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Up periscope
Philip D. Cave

Mountain Home News reports that: The stepfather of the five-year-old child who accidentally shot and seriously wounded a Mountain Home high school student in February was convicted of reckless endangerment during a court-martial June 22[,] and sentenced to six month’s confinement and ordered to forfeit $500 pay per month for six months. SignOnSanDiego reports: It…

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Not always a fan
Philip D. Cave

I’m not a fan of the Center for Military Readiness. But I have to acknowledge they at least raised a very important point about military sexual assault cases. Read the various articles I’ve posted about confirmatory bias in connection with this piece from CMR about Sex, Lies & Rape. Although written in 2006, the points…

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The possibly soon to be junior senior enlisted at WPAFB
Philip D. Cave

Dayton Daily News reports that: The Air Force has moved a step closer to deciding whether to court-martial the Air Force Materiel Command’s former top enlisted man on charges he sexually harassed airmen, misused his authority, and tried to persuade others to assign those women to his area. The investigating officer who heard three days…

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All too common
Philip D. Cave

CAAF has decided: United States v. Contreras, No. 09-0754/AF We granted review of the following issue: WHETHER THE HOUSEBREAKING CHARGE SHOULD BE SET ASIDE BECAUSE THE UNDERLYING CRIMINAL OFFENSE, INDECENT ACTS WITH ANOTHER UNDER ARTICLE 134, UCMJ, IS A PURELY MILITARY OFFENSE. As detailed below, we conclude that indecent acts with another, a violation of…

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