Articles Posted in UCMJ

Counsel’s predictions
Philip D. Cave

Just the other day, alerted by SCOTUSBlog I posted Jones v. Williams as a case to watch at SCOTUS. The issue once again: Issue: Whether the Tenth Circuit violated 28 U.S.C. § 2254(d)(1) by granting habeas relief for ineffective assistance of counsel during plea bargain negotiations to a defendant who was later convicted and sentenced…

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Up periscope
Philip D. Cave

Air Force Times reports: A wing commander lost his job because he not only played favorites but hid unfavorable information from his bosses about a female lieutenant colonel, and recommended her for promotion, according to an Air Force investigation. Directly from Coast Guard Report blog: UNITED STATES v. Adam R. BEABER, Fireman (E-3), U.S. Coast…

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SCOTUS
Philip D. Cave

SCOTUSBlog has the 3 June 2010 petitions to watch at SCOTUS. Here is an interesting one. Title: Jones v. Williams Docket: 09-948 Issue: Whether the Tenth Circuit violated 28 U.S.C. § 2254(d)(1) by granting habeas relief for ineffective assistance of counsel during plea bargain negotiations to a defendant who was later convicted and sentenced in…

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An Abu Ghraib post-script?
Philip D. Cave

The Canadian Press reports that: Charles Graner was a manipulative sadist, Ivan Frederick sincerely penitent and Lynndie England an infatuated follower who got more notice than her role deserved, according to the authors of a new book on the Abu Ghraib prison abuse scandal. Christopher Graveline helped prosecute the defendants and investigator Michael Clemens assisted…

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LTC Lakin update on WorldNetDaily
Philip D. Cave

WorldNetDaily has commented on the recent memorandum issued by the Article 32, UCMJ, IO in LTC Lakin’s case. But Lakin said the result “makes it impossible for me to have a fair hearing.” “I cannot even raise the issue of the president’s eligibility, on the grounds that my position has ‘no basis in law,’” he…

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Up periscope
Philip D. Cave

Navy Times reports that: An active-duty Seabee is wanted for questioning in the slaying of his pregnant wife, authorities said. Steelworker First Class (SCW) Eric Gilford, 31, disappeared after his wife, Kristine, was found stabbed to death May 26 in a residence in the Chicago suburb of Villa Park, Illinois authorities said. WXVT15 reports that:…

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Pernell update and press access
Philip D. Cave

Army Times reports that: Experts say Fort Bragg likely violated the First Amendment when it sought to prohibit reporters from identifying accusers at a soldier’s arraignment. The Observer doesn’t publish names of victims of sexual crimes. But Pernell faces charges other than sex crimes. The FayObserver writes: Lt. Col. Dave Connolly, an 82nd Airborne Division…

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LTC Lakin update
Philip D. Cave

Thanks to safeguardourconstitution.com we have the Article 32, UCMJ, IO’s written ruling on several matters in LTC Lakin’s case. Note, “the Army” did not refuse the defense requests. The IO did, acting in his role assigned under Article 32, UCMJ, and R.C.M. 405. This is what I would have expected MAJ Kemkes, the military defense…

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Pernell update
Philip D. Cave

FayObserver reports that: A Fort Bragg soldier accused of rape and break-ins on post, as well as in Cumberland County, is due in court Wednesday for an arraignment hearing. Aaron M. Pernell, 22, of Tulsa, Okla., is charged by the military with two counts of rape, one count of attempted rape, one count of assault…

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Breaking on Hasan
Philip D. Cave

MySA news reports that: Defense attorneys for Maj. Nidal Malik Hasan, a Fort Hood psychiatrist charged with killing 13 people and wounding 32 others in a mass shooting here last fall, won a four-month delay Tuesday in an evidentiary hearing that could lead to his court-martial. Sitting in the same courtroom where he oversaw proceedings…

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