Articles Posted in UCMJ

LTC Lakin today
Philip D. Cave

Officer to Army: See you in court, is the title of a posting to World Net Daily. The piece also links to the new video release. I did not see a new confession, merely a continuance of his supposed reasons for his contumacy. He cited a long list of “reasonable arguments” raising questions about whether…

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Advice to the client – SOR – collateral effects
Philip D. Cave

The AFCCA has issued its opinion in the relook at United States v. Rose. The court comes to the same conclusion that the defense counsel advice to the client about sex offender registration was wrong and IAC. The initial decision at AFCCA is here, and CAAF’s 28 October 2009 journal entry and order is here.…

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Courts-martial numbers down
Philip D. Cave

CAAFLog blogged a while back about the declining numbers in Courts-Martials held. Navy Times reports this as a possible explanation for lower Navy numbers: The overall number of sailors facing courts-martial has dropped dramatically during the past several years, Navy records show. General courts-martial for the most serious offenses have fallen by nearly half, from…

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Up periscope
Philip D. Cave

Navy Times reports that: Two Navy chiefs will be forced to retire after helping an enlisted sailor cheat on an advancement exam, officials from the aircraft carrier George Washington told Stars and Stripes on Thursday. OregonLive.com reports that: Spc. Richelle Golden arrived atMadigan Army Medical Center in Washington state in February in a wheelchair, expecting…

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CAAF sets aside
Philip D. Cave

No. 10-0337/AR. U.S. v. David ANTAR. CCA 20080836. Review granted on the following issue: WHETHER THE MILITARY JUDGE ERRED BY ACCEPTING APPELLANT’S PLEA OF GUILTY AND NOT REOPENING THE PROVIDENCE INQUIRY WITHOUT QUESTIONING BOTH APPELLANT AND HIS TRIAL DEFENSE COUNSEL REGARDING APPELLANT’S BIPOLAR DISORDER, HIS EXTENSIVE HISTORY OF PSYCHIATRIC DISORDERS, AND POSSIBLE MENTAL RESPONSIBILITY DEFENSE.…

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Hutchins certification
Philip D. Cave

Here is the daily journal entry for Navy TJAG certification of United States v. Hutchins. No. 10-5003/MC. U.S., Appellant v. Lawrence G. HUTCHINS, Appellee. CCA 200800393. Notice is hereby given that a certificate for review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals was filed under Rule 22 on this…

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Post-trial delay
Philip D. Cave

The CGCCA has issued a per curiam opinion in United States v. Sapp., a SPCM tried at U.S.C.G. Training Center Yorktown. Before this court, Appellant has assigned two errors: (1) This court should consider the unreasonable and unexplained post-trial delay in determining the sentence that should be approved under Article 66(c); and (2) the promulgating…

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AFCCA Article 62 appeal order
Philip D. Cave

Yesterday AFCCA issued an order in an Article 62, appeal, in United States v. Harris. There is a rather odd, perhaps bizarre, chronology. What next is the question? Appellant charged. Additional charges added. Appellant arraigned. Next day the MJ dismisses the additional charges on defense motion. Same day as the dismissal there is a signed…

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