Articles Posted in UCMJ

First Quon, now the Army Times reports that: A federal appeals court says the search of a Virginia Army private’s MP3 player that found child pornography was constitutional. Here is a link to the decision in United States v. Rendon. While in the Army, Rendon’s MP3 player was examined pursuant to the standard intake procedure…

The respondent in Michigan v. Bryant has filed his brief and is found here courtesy of Professor Friedman (who indicates a likely amicus filing on his part). Here is the QP: Whether preliminary inquiries of a wounded citizen concerning the perpetrator and circumstances of the shooting are nontestimonial because they were “made under circumstances objectively…

The U.S. Supreme Court decided City of Ontario v. Quon today. Quon is a case about searching pagers and cellphones. Our clients convicted of child pornography offenses and certain other offenses in which the internet is case related are restricted in computer access post-release. I mention Quon because of an interesting comment at Sentencing Law…

Sad to say some homecomings are not that good. As a CV SJA we always prepared for extra legal assistance business upon return from an extended at sea period. In one instance after cruise one Sailor returned “home” to find himself locked out and a stranger answering his “knocks.” Sad to say the spouse had…

TBO.online reports that: The soldier who tried to get into MacDill Air Force Base with a fake ID and a car full of weapons and ammunition is being transferred back to the Kansas fort he ran away from, according to the U.S. Army. Christopher P. Kilburn, 26, was assigned to Fort Riley on April 30,…

I first posted on this here. More information about the case is seeping out. Some of this may be circular reporting. Fox5News (Las Vegas) reports: The Army isn’t saying what motivated the killings of three Afghan civilians, whose deaths have led to charges against a Nevada soldier and four others from Washington state’s Joint Base…

Savannahnow.com reports that: Attorneys for a 3rd Infantry Division soldier accused of shooting two non-commissioned officers while all three men were deployed to Iraq in 2008 are asking a military judge to drop capital charges in a pending court-martial. They claim two aggravating circumstances surrounding the incident were not properly listed on the suspect’s initial…

Rapid City Journal reports that: An Ellsworth Air Force Base airman facing a court martial for his involvement in the shooting of a fellow airman last year has pleaded guilty to two of the four charges brought forth by the U.S. Air Force. Airman Vinicus “Vinnie” Santana pleaded guilty to possession of a controlled substance…

Navy Times reports: Photo: AP/Navy Times A military judge has allowed a Marine sergeant convicted of murder in one of the biggest war crimes cases to emerge from the Iraq war to walk free, nearly two months after a military appeals court ruled he had an unfair trial. . . . Hutchins had been serving…

Politicians have always sought to wrap themselves in the military and the flag. The recent crisis of political identity has various politicians mistating or failing to correct their military record. Here is a reminder to those in uniform that active duty military have some restrictions on what they can say or do in the political…