Articles Posted in UCMJ

Watada to do
Philip D. Cave

Rafu Shimpo (LA Japanese Daily News) has this posting: The Nikkei for Civil Rights & Redress and the Asian American Vietnam Veterans Organization will screen the documentary, “Lt. Watada” on June 19 at the David Henry Hwang Theatre at 7 p.m. “Lt. Watada” is an in-depth look at the case of Lt. Ehren Watada, the…

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Up periscope
Philip D. Cave

Rapid City Journal reports that: Senior Airman Vinicus “Vinnie” Santana’s court martial begins today at Ellsworth Air Force Base. . . . The Pennington County State’s Attorney’s office initially charged Santana with attempted first-degree murder and aggravated assault for the shooting of another airman – David Piland, 21. Those charges were dropped and Santana was…

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Collateral consequences
Philip D. Cave

Army Times reports: A federal appeals panel says sex offenders convicted in military court but housed by the Bureau of Prisons are not eligible for civil commitment. A three-judge panel of the 4th U.S. Circuit Court of Appeals issued the ruling Monday in the case of former Army officer Benjamin Barnard Joshua, who pleaded guilty…

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Hutchins released
Philip D. Cave

Marine Corps Times reports that: A Camp Pendleton Marine whose murder conviction was recently overturned was released Monday after serving four years in prison for a major Iraqi war crimes case, his lawyer said. An emotional Sgt. Lawrence Hutchins III vowed to be the best Marine he could be while he waits for the U.S.…

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CGCCA affirms judge on an Article 62 appeal
Philip D. Cave

United States v. Daly. Initially the accused was charged with violating a CG Personnel Manual regulation (about personal relationships) under Article 134, UCMJ. After some discussion of preemption issues (Dwight-san?), the charge was amended to remove the violation of a lawful order language. Then the defense challenged the charge on the basis of failure to…

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Blazier – er, I mean Pendergrass update
Philip D. Cave

CAAFLog has posted a link to the denial of certiorari in Pendergrass v. Indiana. When the Supremes, or any appellate court, denies a petition this is what I usually think of. Probably need to update my trial notebook because there must be a more recent “quote?” Stern & Gressman must be past a 7th edition?…

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Up periscope
Philip D. Cave

Stars & Stripes reports that: An Air Force major from Ramstein Air Base was given four months in jail and a reprimand for marijuana use, according to base officials. At a court-martial at Ramstein earlier this month, Maj. Timothy Reburn pleaded guilty to using marijuana last summer at or near the air base, according to…

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LTC Lakin – survey of some interesting diatribes
Philip D. Cave

Here are several interesting “comments” on LTC Lakin’s case. Mr. Harrington [infra] references and links to Cody Robert Judy; candidate for U.S. Senate from Utah and former presidential candidate, [who] has filed an Amicus Curiae brief with the U.S. Army on behalf of Lt. Col. Lakin. It looks like he emailed this to LTC Driscoll.…

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Yammine – and computer file names
Philip D. Cave

United States v. Yammine. Here is the granted issue: WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION WHEN HE ADMITTED EVIDENCE OF FILE NAMES FOUND ON APPELLANT’S COMPUTER THAT WERE SUGGESTIVE OF HAVING CONTAINED CHILD PORNOGRAPHY BUT WHOSE ACTUAL CONTENT WAS UNKNOWN, ALLOWING THE GOVERNMENT TO ARGUE APPELLANT’S PROPENSITY OR MOTIVE TO COMMIT SODOMY OR INDECENT…

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The Ramrod five
Philip D. Cave

AP reports that: Five soldiers from the same Washington state-based unit have now been implicated in the killing of three Afghan civilians, an Army spokeswoman said Monday. The Army said Friday that Spc. Jeremy Morlock had been charged with three counts of premeditated murder and one count of assault. On Monday, Lt. Col. Tamara Parker,…

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